Definition Of Customary Law By Different Scholars
Customary law, or the customary law of a particular region or community, is a form of law that originates from the customs and norms of that region or community. It is one of the oldest forms of law, and has been in existence since ancient times. The development of customary law is often seen as a reflection of the values and beliefs of the people who live in the region or community in which it is practiced. Customary law is often seen as an informal form of law, as it is based on the customs, norms, and traditions of a region or community, rather than on a written legal code.
Customary law is often seen as a form of unwritten law, as it is not set out in a formal legal code. However, it is often closely associated with written law, as the customs and norms of a particular region or community may be codified in a written legal code. Customary law is also often seen as a form of "living" law, as it is constantly evolving to reflect the changing values and beliefs of a region or community.
Different scholars have different views on the definition of customary law. One view is that customary law is an unwritten code of conduct based on the customs, norms, and traditions of a particular region or community. Another view is that customary law is a form of unwritten law, but it is based on a written legal code. A third view is that customary law is a form of living law, which is constantly evolving to reflect the changing values and beliefs of a region or community.
The concept of customary law is often seen as being closely related to the concept of natural law. Natural law is a form of law which is based on the idea that certain laws are inherent in the natural order of the universe. This view of law was popularized by the ancient Greek philosopher Aristotle, who argued that there were certain laws of nature which could not be altered by human beings. This view of law was later adopted by the Roman Catholic Church, and is still held by many people today.
In addition to the different views of customary law, there are also different views of the role of customary law in modern society. Some scholars argue that customary law is still a valid form of law in modern societies, and should be respected and followed. Other scholars argue that customary law should be abandoned in favor of modern legal systems, as it is seen as being too outdated to be relevant in modern society.
No matter what view of customary law you hold, it is clear that it is an important part of the legal systems of many countries around the world. In some countries, such as China, customary law is still seen as a valid form of law, while in other countries, such as the United States, it is seen as a form of outdated law and is not given as much respect as modern legal systems. Understanding the different views of customary law and its role in modern society is essential for those who wish to gain a better understanding of the legal systems of different countries.
In conclusion, it is clear that there are different views of customary law by different scholars. Some view it as an unwritten code of conduct based on the customs, norms, and traditions of a particular region or community, while others view it as a form of living law, constantly evolving to reflect the changing values and beliefs of a region or community. No matter what view you hold, it is clear that customary law is an important part of the legal systems of many countries around the world. To learn more about the definition of customary law by different scholars, click here.
Posting Komentar untuk "Definition Of Customary Law By Different Scholars"