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CUSTOM AND ITS KINDS
1. Introduction:
Custom is a habitual practice or course of action that characteristically is repeated in like circumstances. it is a very significant source of law. It is the oldest form of law-making. There was a time when the society was regulated by customary practices and which were the only source of law.
2. Definitions:
a. Judicial Committee of the Privy Council:
A rule which in a particular family or in a particular district has from long usage obtained the force of law.
b. Austin:
Custom is a rule of conduct which the governed observe spontaneously and not in pursuance of law settled by a political superior.
3. Kinds of Custom:
i. Legal Custom:
Legal custom is one whose legal authority is absolute. It possesses the force of law.
ii. General Customs:
General customs are such as prevail throughout family or in a particular district has from long usage obtained the force of law.
iii. Local Customs:
Local customs are such as prevail only in some particular district or locality, or in some city county or town.
iv. Particular Customs:
Particular customs are nearly the same being such as affected only the inhabitants of some particular district.
v. Usage:
A usage or practice of the people, which by common adoption and acquiescence and by long and unvarying habit has become compulsory and has acquired the force of a law with respect to the place or subject matter to which it relates.
vi. Prescription:
When a thing is practiced for a long time it gives rise to a rule of law known as custom but if it gives rise to a right it is called prescription.
1. Introduction:
Custom is a habitual practice or course of action that characteristically is repeated in like circumstances. it is a very significant source of law. It is the oldest form of law-making. There was a time when the society was regulated by customary practices and which were the only source of law.
2. Definitions:
a. Judicial Committee of the Privy Council:
A rule which in a particular family or in a particular district has from long usage obtained the force of law.
b. Austin:
Custom is a rule of conduct which the governed observe spontaneously and not in pursuance of law settled by a political superior.
3. Kinds of Custom:
i. Legal Custom:
Legal custom is one whose legal authority is absolute. It possesses the force of law.
ii. General Customs:
General customs are such as prevail throughout family or in a particular district has from long usage obtained the force of law.
iii. Local Customs:
Local customs are such as prevail only in some particular district or locality, or in some city county or town.
iv. Particular Customs:
Particular customs are nearly the same being such as affected only the inhabitants of some particular district.
v. Usage:
A usage or practice of the people, which by common adoption and acquiescence and by long and unvarying habit has become compulsory and has acquired the force of a law with respect to the place or subject matter to which it relates.
vi. Prescription:
When a thing is practiced for a long time it gives rise to a rule of law known as custom but if it gives rise to a right it is called prescription.