Customary law in the context of "List of national legal systems"

⭐ In the context of national legal systems, customary law is considered…

Ad spacer

⭐ Core Definition: Customary law

A legal custom is the established pattern of behavior within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law".

Customary law (also, consuetudinary or unofficial law) exists where:

↓ Menu

>>>PUT SHARE BUTTONS HERE<<<
In this Dossier

Customary law in the context of International law

International law, also known as public international law and the law of nations, is the set of rules, norms, legal customs and standards that states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.

The term public international law embraces a wide variety legal regimes governing the conduct and relationships between states, between states and international organizations, and between entities and persons both natural and legal. Public international law defines the criteria for statehood, and legal theorists argue that it establishes states as the principal actors in the international legal system. (While the traditional view was that only states were subjects of international law, with the founding of the United Nations, that view expanded to include intergovernmental organizations. Contemporary conceptions of international law are much broader, and include the interactions such as the ones listed at the beginning of this paragraph.) Public International law also governs the outer bounds of permissible treatment of individuals by states with comprehensive international law regimes dealing with non-combatants, including prisoners of war, civilians, and refugees, as well as human rights.

↑ Return to Menu

Customary law in the context of Decree

A decree is a legal proclamation, usually issued by a head of state, judge, royal figure, or other relevant authorities, according to certain procedures. These procedures are usually defined by the constitution, Legislative laws, or customary laws of a government.

↑ Return to Menu

Customary law in the context of Legal systems

The contemporary national legal systems are generally based on one of four major legal traditions: civil law, common law, customary law, religious law or combinations of these. However, the legal system of each country is shaped by its unique history and so incorporates individual variations. The science that studies law at the level of legal systems is called comparative law.

Both civil (also known as Roman) and common law systems can be considered the most widespread in the world: civil law because it is the most widespread by landmass and by population overall, and common law because it is employed by the greatest number of people compared to any single civil law system.

↑ Return to Menu

Customary law in the context of Urf

ʿUrf (Arabic: العرف) is an Arabic Islamic term referring to the custom, or 'knowledge', of a given society. It can also be translated as customary law. To be recognized in an Islamic society, ʿurf must in principle be compatible with Sharia, but in practice tensions sometimes exist between the representatives of ʿurf and those of Sharia. When applied, it can lead to the deprecation or inoperability of a certain aspect of fiqh (Islamic jurisprudence).

ʿUrf is a source of Islamic legal rulings where there are no explicit primary texts of the Qur'an and Sunnah specifying the ruling, making it a form of customary law. ʿUrf can also specify something generally established in the primary texts.

↑ Return to Menu

Customary law in the context of Somali Civil War

The Somali Civil War (Somali: Dagaalkii Sokeeye ee Soomaaliya; Arabic: الحرب الأهلية الصومالية al-ḥarb al-’ahliyya aṣ-ṣūmāliyya) is an ongoing civil war that is taking place in Somalia. It grew out of resistance to the military junta which was led by Siad Barre during the 1980s. From 1988 to 1990, the Somali Armed Forces began engaging in combat against various armed rebel groups, including the Somali Salvation Democratic Front in the northeast, the Somali National Movement in the Somaliland War of Independence in the northwest, and the United Somali Congress in the south. The clan-based armed opposition groups overthrew the Barre government in 1991.

Various armed factions began competing for influence in the power vacuum and turmoil that followed, particularly in the south. In 1990–92, customary law temporarily collapsed, and factional fighting proliferated. In the absence of a central government, Somalia became a "failed state". This precipitated the arrival of UNOSOM I UN military observers in July 1992, followed by the larger UNITAF and UNOSOM II missions. Following an armed conflict between Somali insurgents and UNOSOM II troops during 1993, the UN withdrew from Somalia in 1995. After the central government's collapse and the withdrawal of UN forces, there was some return to customary and religious law in most regions. In 1991 and 1998, two autonomous regional governments were also established in the northern part of the country: Somaliland and Puntland. In the south Islamic Sharia courts began proliferating in response to lawlessness. This led to a relative decrease in the intensity of the fighting, with the Stockholm International Peace Research Institute removing Somalia from its list of major armed conflicts for 1997 and 1998.

↑ Return to Menu

Customary law in the context of Market town

A market town is a settlement (commonly in Europe) that obtained a market right (by custom or royal charter) in the Middle Ages, which allowed it to host a regular market; this distinguished it from a village or a city. In Britain, small rural towns with a hinterland of villages are still commonly called market towns, and is sometimes reflected in their names (e.g. Downham Market, Market Rasen, or Market Drayton).

Modern markets are often in special halls, but this is a relatively recent development. Historically the markets were open-air, held in what is usually called (regardless of its actual shape) the market square or market place, sometimes centred on a market cross (mercat cross in Scotland). They were and are typically open one or two days a week. In the modern era, the rise of permanent retail establishments reduced the need for periodic markets.

↑ Return to Menu

Customary law in the context of Gaelicisation

Gaelicisation, or Gaelicization, is the act or process of making something Gaelic or gaining characteristics of the Gaels, a sub-branch of Celticisation. The Gaels are an ethno-linguistic group, traditionally viewed as having spread from Ireland to Scotland and the Isle of Man.

Gaelic, as a linguistic term, refers to the Gaelic languages but can also refer to the transmission of any other Gaelic cultural feature such as social norms and customs, music and sport.

↑ Return to Menu