- Custom is one of the most fruitful sources of law.
- “Custom is to society what law is to the State. Each is the expression and realization to the measure of men’s insight and ability, of the principles of right and justice.”
- Custom is a product of society and it is to the society what Positive Law is to the State.
- Existence of an established custom is the basis of a rational expectation of its continuance in the future.
- Recently, custom has lost much of its efficacy as a source of law, owing to the growth of legislation and precedents, still custom even today is not totally became an insignificant.
- According to Paton, custom is useful to the law – giver and codifier in two ways. First of all, it provides the material out of which the law can be fashioned, because it usually takes a great deal of intellectual effort to create law de novo.
- Secondly, psychologically also, it is easier to secure reverence for a law, if the same is based on a custom which has immemorially been observed.
- There is always a tendency to feel that what has been followed in the past would be a safe guide for the future.
- Custom is the most oldest source of law.
- As per the study of Ancient Law, it has been observed that in primitive society, the lives of the people were regulated by customs which developed spontaneously according to the circumstances.
- Custom is nothing but a particular way of doing things was more convenient than others.
- Holland aptly pointed out that custom originated in the conscious choice by the people of the more convenient of the two acts.
- According to Vinogradoff, “Social customs themselves obviously did not take their origin from an assembly or tribunal. They grew up by gradual process in the households and daily relations of the clans, and the magistrate only came in at a later stage, when the custom was already in operation and added to the sanction of general recognition the express formulation of judicial and expert authority. (Historical School of Law)
- Law of the country was to be found in the customs of the people. The people were accustomed to a particular way of living and doing things and that was to be found in the customs of society.
- Even, the King was anxious to rule and govern the people according to the popular notions of right and wrong and those were to be found in their customs.
- Later on, the same custom was recognized by the Sovereign and thus, in this way custom was transformed into law.
- At beginning, custom was considered as vague but subsequently, it was adopted by the legislature in its enactments and even it was recognized by the court of law.
- Example:- Hindu Code mostly based on the Hindu custom which was time to time recognized by the Court of law .
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
If you are interested in participating in the same, do let me know.
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