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Custom (law)

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❶Salmond has pointed out two reasons for the recognition of customs as a source of law.

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Jurisprudence decides whether parts of the law are to be visible or not. Jurisprudence deals as well with science and philosophy. An example for jurisprudence is the sexual predator law. The society and the lobbying government would like to introduce a new sexual predator law. This law would enable us to incarcerate sex predator indefinitely. This new law is now going through the matrix of jurisprudence.

In order for the sex predator law to be on the visible side of the iceberg, it has to go through the matrix of jurisprudence. The matrix of jurisprudence consists of three major concepts: The sexual predator law should be introduced to the visible part of the iceberg, because this helps to protect people in their neighborhood. In the past there have been many cases to support this new law being develop. The area that Holly Jones lived in was an area full of sexual offender within km radius.

The above psychopaths were all prosecuted and went to jail, however there were all released again, and unfortunately they re- committed their crimes. This has therefore aroused the public of their safeness. Pressure from the society occur which force politicians and the judicatory to change laws.

Sexual predator should be incarcerated indefinitely. However on the other side of this law, there are also many flaws. Economical Issues are one of the biggest problems. If the sexual predator law does get enforced, the government will have to spend much more money and time. This is because it will take time and money for the case trials. Considering most sexual predator have no money, they will need help in hiring lawyers etc. If the sexual predator does get pledge guilty, the government will need to spend more money in jails i.

This means more time, and money will be spent. Also another problem will occur. There will be an opportunity cost in economical terms. There will be an opportunity cost because sexual predator will take up the time for court trials and judges.

This will therefore means other criminals such as robbers etc. If a case has been left for 24 months without being given a trial, the case will automatically closes itself. Which thus means government will have the hire more judges and build more court house for others criminals. Where does the government get the money from? Citizens of the cities will have to pay more tax. So therefore in economical terms, introducing the new sexual predator law is not wise.

According to the Canadian Chapter of rights and freedoms, each individual have the right arbitrarily detained or imprisoned. Long intervals and disrupted practice of a custom raise doubts about the validity of the same. Exercised as a matter of right: Custom must be enjoyed openly and with the knowledge of the community. It should not have been practised secretly. Acustom must be proved to be a matter of right.

A mere doubtful exercise of a right is not sufficient to a claim as a valid custom. A custom must conform to the norms of justice and public utility.

A custom, to be valid, should be based on rationality and reason. If a custom is likely to cause more inconvenience and mischief than convenience, such a custom will not be valid. A custom which is immoral or opposed to public policy cannot be a valid custom. Courts have declared many customs as invalid as they were practised for immoral purpose or were opposed to public policy. Status with regard to: In any modern State, when a new legislation is enacted, it is generally preferred to the custom.

Therefore, it is imperative that a custom must not be opposed or contrary to legislation. Many customs have been abrogated by laws enacted by the legislative bodies. For instance, the customary practice of child marriage has been declared as an offence. View all posts by Papoo Parmar. You are commenting using your WordPress. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Skip to content Advertisements.

Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character. In ancient societies, custom was considered as one of the most important sources of law; In fact it was considered as the real source of law.

With the passage of time and the advent of modern civilization, the importance of custom as a source of law diminished and other sources such as judicial precedents and legislation gained importance. Kinds of Customs Customs can be broadly divided into two classes: These customs may further be divided into the following categories: Legal custom is a custom whose authority is absolute; it possesses the force of law.

It is recognized and enforced by the courts. Legal custom may be further classified into the following two types: These types of customs prevail throughout the territory of the State.

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According to Austin one of the main priests of analytical school, custom is a source of law and not law in itself. Custom are not positive laws until their existence is recognized by the decisions of the courts. A custom becomes law when it is enforced by the state. It is not every custom that is binding.

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Oct 24,  · Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character. In ancient societies, custom was considered as one of the most important sources of law; In fact it was considered as the real source of law.

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Oct 24,  · Custom in jurisprudence Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character. In ancient societies, custom was considered as one of the most important sources of law; In fact it was considered as the real source of law. Salmond- Custom is to society what law is to the state. Each is the expression and realization of Each is the expression and realization of the measure of man’s insight and ability of the principles of right and justice.

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Custom In Jurisprudence custom in jurisprudence Can you improve the answer?Oct 24, Custom can simply be explained as those long established practices or unwritten rules which have acquired binding or obligatory character. Custom, in English law, an ancient rule of law for a particular locality, as opposed to the common law of the country. It has its origin in the Anglo-Saxon period, when local customs formed most laws affecting family rights, ownership and inheritance, contracts, and personal violence.