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Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Related is the idea of prescription; a right enjoyed through long custom rather than positive law.〔("Prescription" ), The Free Dictionary by Farlex. Accessed: June 28, 2014.〕 Customary law (also, consuetudinary or unofficial law) exists where: #a certain legal practice is observed and #the relevant actors consider it to be law (''opinio juris''). Most customary laws deal with ''standards of community'' that have been long-established in a given locale. However the term can also apply to areas of international law where certain standards have been nearly universal in their acceptance as correct bases of action - in example, laws against piracy or slavery (see ''hostis humani generis''). In many, though not all instances, customary laws will have supportive court rulings and case law that has evolved over time to give additional weight to their rule as law and also to demonstrate the trajectory of evolution (if any) in the interpretation of such law by relevant courts. ==Customary law and codification== The modern codification of civil law developed from the tradition of medieval custumals, collections of local customary law that developed in a specific manorial or borough jurisdiction, and which were slowly pieced together mainly from case law and later written down by local jurists. Custumals acquired the force of law when they became the undisputed rule by which certain rights, entitlements, and obligations were regulated between members of a community.〔In ''R. v Secretary of State For Foreign and Commonwealth Affairs'', () 2 All E.R. 118, Lord Denning said "These customary laws are not written down. They are handed down by tradition from one generation to another. Yet beyond doubt they are well established and have the force of law within the community."〕 Some examples include Bracton's ''De Legibus et Consuetudinibus Angliae'' for England, the Coutume de Paris for the city of Paris, the Sachsenspiegel for northern Germany, and the many ''fueros'' of Spain. 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Custom (law)」の詳細全文を読む スポンサード リンク
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