Excerpt from The Relation of Custom to Law
The subject of this thesis has not often been specially dealt with, and the references to it, by many writers, are vague and confusing. The use of the phrase "customary law," by such jurists as Sir Henry Maine, has not helped to give light, but rather the reverse. Yet the theme is one which goes to the very centre of jurisprudence, as the science of law in States.
The elucidation and illustration of the relation of custom to law may help to make jurisprudence more fascinating even than before.
Whatever changes may come in modern States, in the way of giving up some aspects of their independence and sovereignty, so as to form a federation of States, this story of how custom arose and was recognised (or not) as law must be of perennial interest.
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