Custom as a Source of Law

A Central Puzzle In Jurisprudence Has Been The Role Of Custom In Law. Custom Is Simply The Practices And Usages Of Distinctive Communities. But Are Such Customs Legally Binding? Can Custom Be Law Even Before It Is Recognized By Authoritative Legislation Or Precedent? And Assuming That Custom Is A Source Of Law What Are Its Constituent Elements? Is Proof Of A Consistent And Long-Standing Practice Sufficient Or Must There Be An Extra Ingredient - That The Usage Is Pursued Out Of A Sense Of Legal Obligation Or At Least That The Custom Is Reasonable And Efficacious? And Most Tantalizing Of All Is Custom A Source Of Law That We Should Embrace In Modern Sophisticated Legal Systems Or Is The Notion Of Law From Below Outdated Or Even Dangerous Today? This Volume Answers These Questions Through A Rigorous Multidisciplinary Historical And Comparative Approach Offering A Fresh Perspective On Custom''S Enduring Place In Both Domestic And International Law.