The Nature of Customary Law: Legal, Historical and Philosophical Perspectives

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Format: Hardcover
Pub. Date: 2007-06-18
Publisher(s): Cambridge University Press
List Price: $138.00

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Summary

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 new insights on this neglected and misunderstood form of law.

Table of Contents

List of contributorsp. vii
Table of casesp. viii
The character of customary law: an introductionp. 1
Custom and morality: natural law, customary law and ius gentiump. 11
Pitfalls in the interpretation of customary lawp. 13
The moral role of conventionsp. 35
Habit and convention at the foundation of customp. 53
Custom, ordinance and natural right in Gratian's Decretump. 79
Vitoria and Suarez on ius gentium, natural law, and customp. 101
Custom and positivity: an examination of the philosophic ground of the Hegel-Savigny controversyp. 125
Custom and law: custom, common law and customary international lawp. 149
Custom in medieval lawp. 151
Siege warfare in the Early Modern Age: a study on the customary laws of warp. 176
The idea of common law as customp. 203
Three ways of writing a treatise on public international law: textbooks and the nature of customary international lawp. 228
Custom, common law reasoning and the law of nations in the nineteenth centuryp. 256
Custom in international law: a normative practice accountp. 279
Customary international law and the quest for global justicep. 307
Index of namesp. 336
Table of Contents provided by Ingram. All Rights Reserved.

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