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Custom's Two Bodies

Center and Periphery: Studies on Power in the Medieval World in Honor of William Chester Jordan, edited by Katherine L. Jansen, G. Geltner and Anne E. Lester (Brill 2013)

10 Pages Posted: 28 Jan 2014  

Date Written: January 26, 2013

Abstract

This article introduces a theory of custom as a duality composed of behavior on the one hand and stated legal rules on the other. A behavior-custom is binding law even before it gets articulated as a rule-custom, yet behavior-custom has very different characteristics from custom stated as an express legal rule.

Keywords: custom, legal history

Suggested Citation

Kadens, Emily, Custom's Two Bodies (January 26, 2013). Center and Periphery: Studies on Power in the Medieval World in Honor of William Chester Jordan, edited by Katherine L. Jansen, G. Geltner and Anne E. Lester (Brill 2013). Available at SSRN: https://ssrn.com/abstract=2207502

Emily Kadens (Contact Author)

Northwestern University School of Law ( email )

600 North Lake Shore Drive
Chicago, IL 60601
United States

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