Legal Convention as a Source of Law: Historical and Theoretical Aspects

Abstract

The article examines legal custom as the first source of law. For a long time legal custom has occupied a fundamental place in the formation of the entire system of law. At present, in most modern and developed countries, the supremacy of written sources of law (regulatory legal acts) dominates, and the importance of custom has begun to decline sharply. In this regard, casuistic situations arise in the practical application of normative legal acts and established legal customs legalized by the state. On the basis of this, the study of the current position of legal custom in the system of Russian law is recognized as an urgent need for a uniform conduct of business and compliance with the principles of equality and justice. An important point is that the legal custom remains an integral part of the life of society and cannot be ignored by the legal system, since it was he who initially determined the boundaries of permissibility and morality, and therefore it is necessary to base legislative activity in accordance with existing legal customs, eradicating those that contradict the basic constitutional principles or the needs of modern society.