Customary Law: An Introduction

LisaBernstein and Francesco Parisi, Economics of Customary Law (Edward Elgar, 2013)

Minnesota Legal Studies Research Paper No. 13-22

10 Pages Posted: 12 Jan 2014

See all articles by Lisa Bernstein

Lisa Bernstein

University of Chicago - Law School; University of Oxford - Centre for Corporate Reputation

Francesco Parisi

University of Minnesota - Law School; University of Bologna

Date Written: January 11, 2014

Abstract

We wrote this brief essay as an introduction to the volume “Customary Law” (Elgar, 2013). We briefly review several seminal works on customary law. Although scholars in law, economics, and history have provided a wealth of research on the subject, the issues arising from the intersection of customs and the law are far from settled. The discussion is divided into three parts. Part I examines a variety of perspectives on the history of customary law. Part II considers the role and limits of customary systems in a variety of commercial settings. Along the way it focuses on defining the proper relationship between law and custom from a law and economic perspective. Part III explores the role of custom in international law, from a broad set of analytical viewpoints.

Keywords: Customary Law, spontaneous law, lex mercatoria, articulation

JEL Classification: K10, K33, D70

Suggested Citation

Bernstein, Lisa E. and Parisi, Francesco, Customary Law: An Introduction (January 11, 2014). LisaBernstein and Francesco Parisi, Economics of Customary Law (Edward Elgar, 2013), Minnesota Legal Studies Research Paper No. 13-22, Available at SSRN: https://ssrn.com/abstract=2377714

Lisa E. Bernstein (Contact Author)

University of Chicago - Law School ( email )

1111 E. 60th St.
Chicago, IL 60637
United States

University of Oxford - Centre for Corporate Reputation

Park End Street
Oxford OX1 1HP
United Kingdom

Francesco Parisi

University of Minnesota - Law School ( email )

229 19th Avenue South
Minneapolis, MN 55455
United States

University of Bologna ( email )

Piazza Scaravilli 1
40126 Bologna, fc 47100
Italy

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