The Nature of Customary Law: Legal, Historical and Philosophical Perspectives [Hardcover]

A group of philosophers, historians and lawyers assess the nature and significance of customary law.In international law, the customs defining the obligations of States are often treated as legally binding. A distinguished group of philosophers, historians and lawyers assess the nature and significance of customary law, and offer fresh insights on this neglected and misunderstood form of law.In international law, the customs defining the obligations of States are often treated as legally binding. A distinguished group of philosophers, historians and lawyers assess the nature and significance of customary law, and offer fresh insights on this neglected and misunderstood form of law.Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.List of contributors; Table of cases; The character of customary law: an introduction Amanda Perreau-Saussine and James Bernard Murphy; Part I. Custom and Morality: Natural Law, Customary Law, And Ius Gentium: 1. Pitfalls in the interpretation of customary law Frederick Schauer; 2. The moral role of conventions Ross Harrison; 3. Habit and convention at the foundation of custom James Bernard Murphy; 4. Custom, ordinanl“Ï