Question

Explain the importance of custom as source of law with essentials

Answer 1

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. 

There is no doubt about the fact that custom is an important source of law. Broadly, there are two views which prevail in this regard on whether custom is law. Jurists such as Austin opposed custom as law because it did not originate from the will of the sovereign. Jurists like Savigny consider custom as the main source of law. According to him the real source of law is the will of the people and not the will of the sovereign. The will of the people has always been reflected in the custom and traditions of the society. Custom is hence a main source of law. 

Kinds of Customs

Customs can be broadly divided into two classes:
Customs without sanction: 
These kinds of customs are non-obligatory in nature and are followed because of public opinion. 
Customs with sanction: 
These customs are binding in nature and are enforced by the State. These customs may further be divided into the following categories:

Legal Custom:
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:

General Customs:
These types of customs prevail throughout the territory of the State.

Local Customs:
Local customs are applicable to a part of the State, or a particular region of the country.




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Answer 2

Mohan das karam chand gandhi