The Nature of Customary Law
A book on customary law, many modern lawyers might say, can have no relevance for them. And neither, many modern thinkers would echo, could it be of much interest. On many influential modern accounts, reliance on customary practices is a mark of inadequacy: acceptance of customs should beminimal...
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| Ngôn ngữ: | English |
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Cambridge University Press
2013
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| Truy cập trực tuyến: | http://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35751 |
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oai:scholar.dlu.edu.vn:DLU123456789-357512014-01-19T23:33:45Z The Nature of Customary Law Saussine, Amanda Perrreau Murphy, James Bernard Law Customary law A book on customary law, many modern lawyers might say, can have no relevance for them. And neither, many modern thinkers would echo, could it be of much interest. On many influential modern accounts, reliance on customary practices is a mark of inadequacy: acceptance of customs should beminimal and provisional since an unreflective attachment to customary ways of thinking is inimical both to practical thought and to political harmony. Modern societies and their legal systems depend not on enslavement to customary habits and laws but on reasoned principles and doctrines; customary laws grow up only where legislators have done a particularly poor job, leaving a need for elaborate statutory construction and legislative gap-filling. The more coherent and consistent a legal system, the less the need for such customary rules and practices: an interest in customary law reflects at worst what Jeremy Bentham called the ‘sinister’ interests of self-interested reactionaries, and at best the eccentric tastes of scholars, antiquarians and those purporting to be international lawyers who work in what, on such accounts, is really a lawless international world. 2013-10-10T01:33:56Z 2013-10-10T01:33:56Z 2007 Book 978-0-511-27422-0 http://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35751 en application/pdf Cambridge University Press |
| institution |
Thư viện Trường Đại học Đà Lạt |
| collection |
Thư viện số |
| language |
English |
| topic |
Law Customary law |
| spellingShingle |
Law Customary law Saussine, Amanda Perrreau Murphy, James Bernard The Nature of Customary Law |
| description |
A book on customary law, many modern lawyers might say, can have no
relevance for them. And neither, many modern thinkers would echo,
could it be of much interest. On many influential modern accounts,
reliance on customary practices is a mark of inadequacy: acceptance of
customs should beminimal and provisional since an unreflective attachment
to customary ways of thinking is inimical both to practical thought
and to political harmony. Modern societies and their legal systems
depend not on enslavement to customary habits and laws but on reasoned
principles and doctrines; customary laws grow up only where
legislators have done a particularly poor job, leaving a need for elaborate
statutory construction and legislative gap-filling. The more coherent
and consistent a legal system, the less the need for such customary
rules and practices: an interest in customary law reflects at worst what
Jeremy Bentham called the ‘sinister’ interests of self-interested reactionaries,
and at best the eccentric tastes of scholars, antiquarians and those
purporting to be international lawyers who work in what, on such
accounts, is really a lawless international world. |
| format |
Book |
| author |
Saussine, Amanda Perrreau Murphy, James Bernard |
| author_facet |
Saussine, Amanda Perrreau Murphy, James Bernard |
| author_sort |
Saussine, Amanda Perrreau |
| title |
The Nature of
Customary Law |
| title_short |
The Nature of
Customary Law |
| title_full |
The Nature of
Customary Law |
| title_fullStr |
The Nature of
Customary Law |
| title_full_unstemmed |
The Nature of
Customary Law |
| title_sort |
nature of
customary law |
| publisher |
Cambridge University Press |
| publishDate |
2013 |
| url |
http://scholar.dlu.edu.vn/thuvienso/handle/DLU123456789/35751 |
| _version_ |
1757661218234957824 |