The presence of custom as a legal source from “country law” to modern civil law

Abstract

Custom has been one of the most important formal sources of law in the legal history of many societies. It refers to the rules of conduct and practices that have been developed and followed by a community over time, without being codified in written laws. However, the importance of custom in legal systems has changed over time, and it no longer occupies the same central place in many jurisdictions today. The customs and traditions of a society play a significant role in determining the norms and rules that are adopted as part of positive law. The study of custom can help shape not only specific legal norms but also the general legal concepts and principles that guide a community. Each society has its own traditions and customs that influence the form and content of its positive law. The study of custom can therefore help to identify the distinctive features of a national or cultural legal system. Understanding and analysing a community's customs, customs and traditions are crucial to revealing the roots and values of its legal system, thus contributing to a better understanding of positive law and its national specificity.