Definition Of Customary Law By Different Scholars
Customary law is a legal system that is based on the customs and practices of a particular society. It is also known as traditional or indigenous law. It is usually unwritten and passed down from generation to generation through oral tradition. Customary law is an important source of law in many countries, particularly those that lack a strong legislative or judicial system.
Customary law is based on the recognition of the customs and practices of a certain society, and it is used to define and resolve disputes in that society. It is also used to regulate social behavior and provide justice to its members. This type of law does not have a written form, and it relies on community members to agree on the rules and regulations of society.
Different scholars have proposed different definitions of customary law. The most widely accepted definition is that of the International Society for Human Rights, which defines customary law as “the unwritten laws and customs of a given society, which are accepted and upheld by members of that society.” This definition emphasizes the communal nature of customary law and its reliance on the consensus of the society's members.
Another definition was proposed by the International Law Commission in its Draft Articles on Customary International Law. It defines customary law as “the general and consistent practice of states, acting out of a sense of legal obligation.” This definition emphasizes the need for consensus among states in order for a custom to become a law.
The African Commission on Human and Peoples' Rights has proposed a definition of customary law that emphasizes its importance in protecting the rights of individuals and groups. The commission defines customary law as “the rules and regulations recognized by the African community as having the force of law, to the extent that they are not inconsistent with the provisions of the African Charter on Human and Peoples' Rights.” This definition emphasizes the importance of protecting the human rights of individuals and groups, which is a core principle of African customary law.
Finally, the International Court of Justice has proposed a definition of customary law that emphasizes its importance in resolving disputes. The court defines customary law as “the general practice accepted as law by states in the resolution of their disputes.” This definition emphasizes the importance of consensus among states in resolving disputes, which is an essential component of customary law.
Customary law is an important source of law in many countries, particularly those that lack a strong legislative or judicial system. Different scholars have proposed different definitions of customary law, each emphasizing a different aspect of this legal system. Whatever definition is used, it is clear that customary law is an important source of justice and protection of human rights in many countries. For more information about the definition of customary law by different scholars, please visit CVIC Furniture.
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