Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-m6dg7 Total loading time: 0 Render date: 2024-11-06T10:04:04.390Z Has data issue: false hasContentIssue false

9 - The idea of common law as custom

Published online by Cambridge University Press:  30 June 2009

Alan Cromartie
Affiliation:
Lecturer in Politics, Department of Politics and International Relations, University of Reading
Amanda Perreau-Saussine
Affiliation:
University of Cambridge
James B. Murphy
Affiliation:
Dartmouth College, New Hampshire
Get access

Summary

Some of the extreme opacity of the idea of custom seems to be owed to two considerations. One is that custom modifies the actors who observe it; a well-established custom is not merely a constraint external to a person's character, but has a tendency, with time, to constitute an aspect of his being. Another is that customary arrangements have typically involved an interaction between two overlapping groups of people: the community within which given customs are observed and a much smaller group perhaps most neutrally described as the custodians of such arrangements, a group who are in practice charged with the articulation of the customs, and therefore with their application and development. A link between these two considerations is that the very function of the custodians is likely to demand internalisation of methods, moral attitudes, and intellectual habits appropriate to the social norms that they articulate. At all events, these generalities were true of the pre-modern common lawyers. From the perspective of a book on custom, the interest of pre-Benthamite common law thinking lies in the tension it exhibited between its accounts of what the lawyers did – the patterns of thought and behaviour that might be said to constitute a trained professional – and its attempts to identify their esoteric practice with principles engendered by the wider population.

Type
Chapter
Information
The Nature of Customary Law
Legal, Historical and Philosophical Perspectives
, pp. 203 - 227
Publisher: Cambridge University Press
Print publication year: 2007

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×