CUSTOMARY LAW Meaning and
Definition
-
Customary law refers to a system of rules and norms that govern the behavior and interactions of individuals within a particular community or society. It is an informal and unwritten legal system that is based on long-established customs and traditions, transmitted orally from one generation to another. Customary law differs from statutory law, which is enacted by legislatures or written down in official documents.
Customary law is developed and shaped through the practices, beliefs, and values intrinsic to a specific cultural or ethnic group. These norms are derived from the collective experiences, shared history, and social structures of the community. Customary law is often deeply rooted in indigenous or traditional societies and is considered an integral part of their cultural heritage.
The enforcement of customary law is primarily carried out through social sanctions, community mechanisms, and the authority of respected community leaders. Instead of relying on formal courts and legal institutions, disputes are often resolved through mediation, negotiation, or consensus-building processes. Customary law covers a wide range of issues such as marriage, inheritance, property rights, and conflict resolution, reflecting the diverse needs and priorities of the community.
Though customary law is often specific to a particular group or region, it may coexist with and influence statutory law in some jurisdictions. Consequently, in many legal systems, customary law is recognized as a legitimate source of law that can possess legal force and authority, particularly in matters affecting the personal and cultural rights of individuals within a community.
Etymology of CUSTOMARY LAW
The word "customary" has its roots in the Latin word "consuetudinarius" which means "habitual". It is derived from the noun "consuetudo" meaning "custom" or "habit".
The word "law" comes from the Old English word "lagu" which means "legal system" or "ordinance". It can be traced back to the Proto-Germanic word "lagam", which signifies "a rule or bond".
The combination of these words gives us "customary law", which refers to a legal system based on custom or traditional practices rather than statutory laws. This type of law is formed and maintained by the customs and practices of a particular community or society.
