Definition of
customary
customaryfrom the Latin word customaryit’s a adjective that qualifies what is traditional, frequent either routine. The customary, therefore, is linked to the usual.
For example: “In this region of the country, certain plants have customary use to alleviate problems of health”, “We must not accept violence as something customary or normal: we have to try to eradicate it from our societies”, “The man, a habitual drinker and little fond of respecting medical advice, died of cirrhosis”.
- common law
- Emergence of these rules
- Customary law as a legal system
- Related Topics Tree
common law
In court, it is called common law to the one who enters through a habit. In this case, therefore, it can be affirmed that custom is a source of law: contributes to the creation of legal norms. Another name by which common law is known is uses or customs.
Common law is made up of unwritten rulesbut fulfilled by the custom that develops with the passage of time. time in a certain territory. When there is no written rule or a specific law, appeal is made to the customary law that is applicable to a certain fact.
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Emergence of these rules
The current doctrine considers that customary law arises from the coexistence of two elements: the consciousness of obligation and the widespread and repetitive use. In the first case, the concept refers to the fact that all the members of the community they consider that a certain behavior supposes a violation of the principles that organize community life. The generalized and repetitive use, for its part, refers to a behavior carried out by all citizens in a sustained manner over time.
It is necessary to delve further into the concept of source of lawwhich refers to everything that contributes or has contributed to the creation of the total number of rules laws that can be applied within the framework of a State at a given point in history. The countries that rely on written law, have as sources of fundamental law a series of texts, which can be constitutions, international treaties, regulations or laws.
In the case of common law, sources are admitted according to subject matter, one of which may be the habitalong with the principles of natural law (a doctrine according to which there are human rights that determine their own nature) and the general rights established by jurisprudence.
See also: Social conscience
Customary law as a legal system
Common law is also considered a legal systemAs the common law and the continental. A legal system It is a set of norms, ideologies and attitudes that are in force in a State and define the characteristics of the law, such as its origin, its functions, the way in which it should be applied, understood, perfected and taught.
Despite the fact that life today is largely characterized by the existence of many structures that govern our actions and prevent us from moving freely through nature, it is curious that even today customs are so strong as to influence the shot of decisions of the authorities of a State.
Of course, Justice is not the only area in which customs have considerable weight and modifying power: the Royal Spanish Academy often accepts new uses and incorrect forms of the terms based on the fact that a large portion of Spanish-speaking society prefers them. over the correct ones. Is all origin to various debates on the part of academics, who must adapt to the deformation of the language that it cost them so much effort to learn, but it also speaks of the possibility of freely choosing the way of communicating.
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