The nature of customary law /
The nature of customary law /
edited by Amanda Perreau-Saussine and James Bernard Murphy.
- ix, 338 pages ; 24 cm
Includes bibliographical references and index.
pt.1. Custom and morality: natural law, customary law and ius gentium -- Pitfalls in the interpretation of customary law / The moral role of conventions / Habit and convention at the foundation of custom / Custom, ordinance and natural right in Gratian's Decretum / Vitoria and Suarez on ius gentium, natural law, and custom / Custom and positivity: an examination of the philosophic ground of the Hegel-Savigny controversy / Frederick Schauer -- Ross Harrison -- James Bernard Murphy -- Jean Porter -- Brian Tierney -- Christoph Kletzer -- pt.2. Custom and the law: custom, common law and customary international law -- Custom in medieval law / Siege warfare in the early modern age: a study on the customary laws of war / The idea of common law as custom / Three ways of writing a treatise on public international law: textbooks and the nature of customary international law / Custom, common law reasoning and the law of nations in the nineteenth century / Custom in international law: a normative practice account / Customary international law and the quest for global justice / David Ibbetson -- Randall Lesaffer -- Alan Cromartie -- Amanda Perrau-Saussine -- Michael Lobban -- Gerald J. Postema -- John Tasioulas.
"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 new insights on this neglected and misunderstood form of law."--Publisher description.
0521875110 9780521875110 0511273436 9780511273438 051127422X 9780511274220
2007279134
Customary law
Customary law--Philosophy
Customary law--History
Customary law, International
K282 / .N38 2007
340.5
Includes bibliographical references and index.
pt.1. Custom and morality: natural law, customary law and ius gentium -- Pitfalls in the interpretation of customary law / The moral role of conventions / Habit and convention at the foundation of custom / Custom, ordinance and natural right in Gratian's Decretum / Vitoria and Suarez on ius gentium, natural law, and custom / Custom and positivity: an examination of the philosophic ground of the Hegel-Savigny controversy / Frederick Schauer -- Ross Harrison -- James Bernard Murphy -- Jean Porter -- Brian Tierney -- Christoph Kletzer -- pt.2. Custom and the law: custom, common law and customary international law -- Custom in medieval law / Siege warfare in the early modern age: a study on the customary laws of war / The idea of common law as custom / Three ways of writing a treatise on public international law: textbooks and the nature of customary international law / Custom, common law reasoning and the law of nations in the nineteenth century / Custom in international law: a normative practice account / Customary international law and the quest for global justice / David Ibbetson -- Randall Lesaffer -- Alan Cromartie -- Amanda Perrau-Saussine -- Michael Lobban -- Gerald J. Postema -- John Tasioulas.
"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 new insights on this neglected and misunderstood form of law."--Publisher description.
0521875110 9780521875110 0511273436 9780511273438 051127422X 9780511274220
2007279134
Customary law
Customary law--Philosophy
Customary law--History
Customary law, International
K282 / .N38 2007
340.5