Abstract

http://ssrn.com/abstract=1094607
 
 

Citations (1)



 
 

Footnotes (114)



 


 



'Customs in Common': The Old Emperor's Clothes


Iain Stewart


Macquarie Law School


Macquarie Law Journal, Vol. 6, pp. 139-160, 2006

Abstract:     
Assesses whether the concept of 'custom' continues effectively to identify a more popular alternative to formal law, as canvassed by E.P. Thompson in Customs in Common (1991). Traces the development of the idea of 'custom' or 'customary law' in the western legal tradition, from Justinian through Norman law (Laws of William, Glanvill, Bracton) and common law, then in the respectively anti-popular and pro-popular reflections of Savigny and Marx. Agrees with Thompson that popular customs can be nasty as well as nice. But concludes that, whatever sense the concept of 'custom', may once have been made in legal or law-related discourse, that sense has now disintegrated. Little remains but Owl's observation to Pooh that 'the customary procedure' is 'the Thing to Do'.

Number of Pages in PDF File: 22

Keywords: custom, customary law, common law, E P Thompson, freeborn Englishman, moral economy, Justinian, Laws of William, Glanvill, Bracton, Savigny, Marx, theft of wood, Winnie the Pooh

Accepted Paper Series





Download This Paper

Date posted: February 19, 2008  

Suggested Citation

Iain Stewart, 'Customs in Common': The Old Emperor's Clothes. Available at SSRN: http://ssrn.com/abstract=1094607

Contact Information

Iain M. Stewart (Contact Author)
Macquarie Law School ( email )
NSW 2109
Australia
Feedback to SSRN


Paper statistics
Abstract Views: 622
Downloads: 86
Download Rank: 176,253
Citations:  1
Footnotes:  114

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.266 seconds