Скачать или смотреть LLB 5 years Define custom Explain various kinds of custom and essentials of valid custom

📜🔍 Custom:
Introduction: Custom, derived from the Latin word "Consuetudo," refers to traditional legal practices or usual ways of doing something within a social community. In ancient societies, lawmaking was based on customs developed by people to meet their needs. Custom is considered a legal source of law and is derived from general practices followed by the people, considered as legal obligations.

Meaning of Custom: Custom is the traditional legal practice or usual way of doing something by a social community.

Kinds of Customs:
1️⃣ Legal Custom:

Absolute legal authority and legally accepted by the state.
General Custom: Accepted by the state.
Local Custom: Accepted by a specific locality with higher authority.
2️⃣ Conventional Custom:

Conditional authority and may be accepted or not based on agreements between parties.
Essentials of a Valid Custom:

Immemorial: Valid custom must have been practiced for an extremely long time beyond human memory.
Reasonable: Custom must be just and based on legal principles; unreasonable customs are not valid.
Continuous: The custom must be continuously practiced without interruption.
Peaceable Enjoyment: The custom must have been enjoyed without conflicts with the law or others.
Certainty: The custom must be definite and not confusing.
Compulsory Observance: The custom must be continuously observed without gaps.
Universal: The custom should be applicable to the universal community.
Not Opposed to Public Policy: The custom must align with public policy and principles of morality.
Not Opposed to Statute Law: The custom must not contradict statute law.
Consistent with Each Other: The custom must be consistent with other established customs.
Theories Regarding Transformation of Custom into Law:
1️⃣ Historical Theory: Custom grows from common awareness and practice among people.
2️⃣ Analytical Theory: Customs are not laws themselves but become law when recognized by the courts.

Reasons for Giving Force of Law to Custom:

Scale of Measurement: Custom reflects people's insight and judgment in matters.
Expectation of Continuance: Customs are given force of law when expected to continue in the future.
Observance by a Large Number of People: Custom gains legal force when observed by a significant portion of society.
Interests of Society: Customs aligned with societal interests are given legal weight.
Useful for Legislation: Customs provide material for lawmaking and codification.
🔚 Conclusion:
Custom is a vital source of law, forming the foundation of legal systems. Many laws have been enacted based on positive customs. Customs have existed since the inception of society, and their importance in lawmaking has been recognized by lawmakers.
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