The Philosophy of Customary Law
The Philosophy of Customary Law
- ISBN 13:
9780199370627
- ISBN 10:
0199370621
- Format: Hardcover
- Copyright: 04/17/2014
- Publisher: Oxford University Press
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Summary
The Philosophy of Customary Law brings greater theoretical clarity to the often murky topic of custom by showing that custom must be analyzed into two more logically basic concepts: convention and habit. James Bernard Murphy explores the nature and significance of custom and customary law, and how conventions relate to habits in the four classic theories of Aristotle, Francisco Suarez, Jeremy Bentham, and James C. Carter. He establishes that customs are conventional habits and habitual conventions, and allows us to better grasp the many roles that custom plays in a legal system by offering a new foundation of understanding for these concepts.