Abstract
The purpose of the study is to determine the essence and role of the norms of customary law (customs) through a comprehensive historical-legal and comparative-legal analysis. The methodological basis of the research was such methods of scientific knowledge as: description and comparative-legal method, which enabled to reveal certain types of social norms, their particularities and characteristic features, as well as the historical-legal method and methods of analysis and synthesis. The result of the work was the conclusion that through the prism of customary law norms, the level of development of the state, the degree of independence of society from the state, as well as the state of legal culture is seen on the largest scale. In addition, the author considers a well-reasoned and proven conclusion that it is required to study customary law and customs to modernize legal theory. The work also gives the author’s definition of the category of “custom”: a custom is the established models of human behavior in society, which have developed in the course of their multifold repetition. The novelty of the research lies in the author’s approach to examining the relationship between customs and the theory of law, as well as in the fact that the norms of customary law and the custom appear to be independent and fundamental methods of social regulation in the system of social norms.
Highlights
The prerequisites for the study of this issue are due to the relevance of the topic
The purpose of the study is to determine the fundamental role of the norms of customary law and customs in the system of social norms
It is important to indicate the presence of customary law in various legal families, and it is necessary to outline the role of customs
Summary
The society throughout the entire time requires certain orderliness and organizing the activities of people involved in the production, exchange and consumption of material goods. A person, as a part of society, and as an independent element, has in its social meaning “freedom of behavior”, that is, a person is, first of all, an individual. Sometimes the actions of people in the same environment can be different, but directly opposite. In order to avoid social dissonance, it is necessary to arrange and bring the behavior of people in society to the proper “level of acceptance” of this behavior of one individual by the whole society
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