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Published: 15 May 2014

160 Pages


ISBN: 9780199370627

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The Philosophy of Customary Law

James Bernard Murphy

  • Explains the relationship between custom and customary law
  • Proposes a new framework of understanding and analyzing custom as two logically basic concepts of convention and habit
  • Explains how custom, understood as convention and habit, fit into the major traditional theories of customary law
  • Demonstrates the role custom plays in the legal system as it interacts with social regulation and human prejudice
  • Explores the nature and significance of custom and customary law in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter

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