Jump to ContentJump to Main Navigation
The Philosophy of Customary Law
Users without a subscription are not able to see the full content.

The Philosophy of Customary Law

James Bernard Murphy

Abstract

Custom and customary law have long been neglected topics in jurisprudential debate, except in the special case of customary international law. This book attempts to bring greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. Customs are conventional habits and habitual conventions. Once we have a clearer understanding of custom we can better grasp the many roles that custom plays in a legal system. We explore the nature and significance of custom and customary law in four classic theo ... More

Keywords: Law, custom, customary law, habit, convention, Aristotle, Suárez, Bentham, Carter

Bibliographic Information

Print publication date: 2014 Print ISBN-13: 9780199370627
Published to Oxford Scholarship Online: April 2014 DOI:10.1093/acprof:oso/9780199370627.001.0001

Authors

Affiliations are at time of print publication.

James Bernard Murphy, author
Dartmouth College