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Radin states that “Customs are regarded as habitual ways of conduct among social
groups.” While Carter maintains that, custom is the “uniformity of conduct of all
persons under like circumstances.” According to Holland, “Custom is a generally
observed course of conduct.” According to Sir John Salmond, “Custom is
frequently the embodiment of those principles which have commended themselves
to the national conscience as principles of justice and public utility.” He further
states that “The national conscience may well be accepted by the courts as an
authoritative guide; and of this conscience national custom is the external and
visible sign.” Taking into consideration what has been discussed above, customs
are habits of action or patterns of conduct which are generally observed by classes
or groups of people. Such habits of action or pattern of conduct (customs) can be
classified into –
SYNOPSIS
a) Statement of Problem
In this task we will discover primary issue ie.what is custom and its application in
law and in the general public. I additionally endeavor to feature the conditions for
custom and its legitimacy.
1) The reference has been taken from "Jurisprudence legal theory” by Dr. B. N.
Mani Tripathi, A book which is very renowned as far as the study of
jurisprudence is concerned in India.
2) The book on V.D Mahajan “Jurisprudence & Legal Theory” is a brief note
to get the idea of what jurisprudence is and how it functions in a country like
India. The book contains various case laws and short commentaries on
various issues and case laws.
3) The Edgar Bodenheimer, Universal Law Publishing Company, Revised
Edition, is the another book which was reviewed by me in the completion of
this research project. The book provides for a broad understanding of the
jurisprudence.
f) Probable Outcome
Out of all the various sources of law The Customary Laws are definitely the most
significant source of law. In the ancient days in the absence of any legislative laws
the customary laws were only the prevalent law. These are very important as these
are already followed by the people and it is the very reason why many of the
customary laws are even recognized today. These customary laws had the approval
of the public opinion. There is no doubt that with the development of the judicial
process and with the modernization of the society, the importance of custom is
receding. When states came into existence they immediately gave recognition to
the customs prevailing at that time and thus they were recognized as valid laws.
But with time customary laws have receded to the statutory laws.
g) Chapterization
1) Introduction
2) Background and History
3) Characteristics of customs
4) Kinds of customs
5) Transformation of custom into law
6) Conclusion
7) Bibliography