Customary law

Ordinary law - a set of spontaneously established customs. These are unwritten rules of conduct sanctioned by the government. The legal system includes only those customs that fulfill the functions of legal norms. That is, they express the interests and will of politically and economically dominant classes, are adapted by the state to the current economic and political conditions.

Customary law - customs, which are repeatedly applied, have become universally binding. Due to long-term use, they acquired a universally binding value. Historically, they were the first of all sources of law. Their enforcement is provided by the compulsory forces of the state.

A variety of customs - business usages. They are formed in various spheres of activity of the authorities: executive, administrative, parliamentary, judicial, etc.

Customary law, unlike the written one, is formed directly in practice. When the custom developed in practice does not receive recognition and protection of the state, it does not acquire a legal character, remaining simple or domestic. If it is "noticed", recognized and provided with compelling opportunities, it acquires legal significance. In this case, the court or other public authority may invoke such customs as sources of law.

How does custom become legal?

Not all customs become legal, but only those that:

1. Fold in the process of multiple applications (for example, during the life of several generations).

2. Differ typical, stable character.

3. They are legal views of small groups of people, that is, norms have a local meaning.

4. Express the morals of a given society. Roman lawyers argued that the customs are the tacit consent of the people, which is confirmed by ancient norms. Therefore, they have a universally binding character.

History of development

Customs occupy a significant place in such historical monuments as the laws of Hammurabi, Salic and Russian Truth. Even at the early stages of the emergence and development of statehood, customary law played an important role in the regulatory system.

Over time, in the course of development of commodity relations, economic ties, expansion of the sphere of public administration, the conservatism of customary law became more and more obvious. The objective needs of the developing society led to the emergence of rulemaking. Customary law gave way to laws and other acts - the "products" of this activity.

And what about today?

As one of the sources of law custom has not disappeared to this day. It simply acquired other forms, so to speak, mutated. It is actively used in our legal practice. First of all, it meets the spheres of private, public, administrative, constitutional, financial law.

Today, the customary law system exists in Madagascar, in Asia, Africa, Oceania, a number of Latin American and Arab countries. There she found wide application in the process of adjusting social relations.

To this day, customary law is in high esteem in Muslim countries. They call him Adat. Being a set of folk customs and legal practice, the ordinary law of Muslims touches upon all issues relating to their life, family and property relations.

But in developed countries, it has a secondary role. In the countries of continental Europe it is used exclusively in cases stipulated by law. That is, customary law should not contradict laws, it is implied that it complements them and "animates" them. It can not abolish the instructions of laws.