Custom's Two Bodies
Northwestern University School of Law
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)
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.
Number of Pages in PDF File: 10
Keywords: custom, legal history
Date posted: January 28, 2014