Custom is one of the most fruitful sources of law.  Custom is to society what law is to the state. Each is the expression and realization, to the measure of men’s insight and ability, or the principles of right and justice.  When the state takes up its function of administering justice, it accepts, as true and valid, the rules of right already accepted by the society of which is itself a product, and it finds these principles already realized in the customs of the realm.

Another ground of the law creative efficacy of custom is to be found in the fact that the existence of an established custom is the basis of a rational expectation of its continuance in the future.  Justice demands that, unless there is good reason to the contrary, man’s rational expectations shall be fulfilled rather than frustrated, even if the customs are not ideally just and reasonable.

As an instrument of the development of English law in particular it has now almost ceased to exist, partly because it has, to a large extent, been superseded by legislation and precedent, and partly because of the stringent limitations imposed by law upon its law creating efficiency.

Yes, the role played by custom even today is not totally insignificant.  Much of statute law itself is subjected to well recognize customers to the contrary.  Thus, the law relating to bundies is not governed by the Indian Negotiable Instruments Act, but by local custom, unless such custom is expressly excluded by any provision of that Act.

Get a Legal Service from us - Contact

Back to HOME

More Legal Terms, Meanings and Explanations


The information on this website is made available for general informational purposes only and should not be considered as legal advice. We attempt to keep the information so posted in this site , up to date and correct, but we make no representations or warranties of any kind, express or implied, about the comprehensiveness, accuracy or consistency with respect to the information contained herein. Any reliance you place on such information is therefore strictly at your own risk.
People receiving information on this web site should not act upon the information provided without seeking professional legal advice. Any exchange of information on this web site does not constitute an attorney-client relationship.




The copyright with regard to the website and its content, vests with – © www.bizandlegis (2011). All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Get a Legal Service from us - Contact