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
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
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