Definition

Customary law is a type of law whereby a particular way that humans interact with one another becomes binding.

Discussion

Overview

The authority for customary law comes by way of an established practice being widely accepted with reciprocal expectations for others to follow that practice.

Customary law is one of the three areas of law most relevant to Live and Let Live, the others being natural law and positive law.

Further explanation

Even in frameworks of positive (formalized) law, customary law is recognized by national governments. Under public international law, for instance, a government’s act is considered “customary” if that act is:

1. commonly practices among goverments, and
2. followed by governments out of a sense of obligation rather than tradition.

Further Resources

• Statute of the International Court of Justice, 26 June 1945, 59 Stat 154, 3 Bevans 1171 (entered into force 24 October 1945), art 38(1)(b).