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CUSTOMARY LAW AND CODIFICATION The modern Codification of Civil Law developed out of the ''customs'', or ''coutumes'' of the Middle Ages , expressions of law that developed in particular communities and slowly collected and written down by local Jurist s. Such customs acquired the force of law when they became the undisputed rule by which certain entitlements ( Right s) or Obligation s were regulated between members of a community. INTERNATIONAL LAW In International Law , ''customary law'' refers to the ''Law of Nations'' or the legal norms that have developed through the customary exchanges between State s over time, whether based on Diplomacy or aggression. Essentially, legal obligations are believed to arise between states to carry out their affairs consistently with past accepted conduct. These customs can also change based on the acceptance or rejection by states of particular acts. Some principles of customary law have achieved the force of Peremptory Norm s, which cannot be violated or altered except by a norm of comparable strength. These norms are said to gain their strength from universal acceptance, such as the prohibitions against Genocide and Slavery . Customary international law can be distinguished from Treaty law, which consists of explicit agreements between nations to assume obligations. Many treaties, however, are attempts to codify pre-existing customary law. CUSTOMARY LAW WITHIN CONTEMPORARY LEGAL SYSTEMS Customary law may also be relevant within Jurisdiction s following another legal tradition such as Civil Law in fields or subfields of law where no legislative enactment exists. For example, in Austria , scholars of Private Law often claim that customary law continues to exist, whereas Public Law scholars dispute this claim. In any case, it is hard to find any practically relevant examples. RELIGIOUS LAW Main article: Religious Law SEE ALSO |