Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

Customary law is both important and difficult to comprehend. In medieval society it was paramount. It lived in people's memory and manifested itself in ritual gestures and words, and through adjudication. One competitor was legislation which, to the modem lawyer, stands in clear contrast to custom. However, medieval terms such as leges consuetudinariae show that there was at the time no absolute opposition between them. Another competitor was the learned ius commune, whose impact on the daily lives of medieval people should not be exaggerated. When trying to define customary and statute law the legal historian meets the four following problems. The first is the exact nature of the 'homologated' customs, which pretend to be old norms, but are in reality laws promulgated by the government. The second is the fact that so-called customary law often appears to have resulted from deliberate action instead of unconscious spontaneous evolution. The third problem concerns the character and application of the Volks

Sections

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 7 7 3
Full Text Views 8 8 8
PDF Downloads 9 9 9
EPUB Downloads 0 0 0