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The nature of customary law
Authors: ---
ISBN: 9780521875110 0521875110 9780511493744 9780521115568 0521115566 1107172322 9786610815845 0511274963 0511275668 0511321139 0511493746 1280815841 0511273436 051127422X 9780511275661 9780511274961 9781280815843 9780511274220 9780511273438 9781107172326 6610815844 9780511321139 Year: 2007 Publisher: Cambridge New York Cambridge University Press

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Abstract

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

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