JURISPRUDENTIAL HISTORY BEHIND THE CUSTOMARY LAWS

Author – SAKSHI, Student at Faculty of Law, Banaras Hindu University, Varanasi

Best Citation – SAKSHI, JURISPRUDENTIAL HISTORY BEHIND THE CUSTOMARY LAWS, ILE Family & Private Law Review, 1 (1) of 2023, Pg. 13-18, ISBN – 978-81-961120-8-0.

ABSTRACT

What is law? This question is a highly debatable one. lawmen talks in the terms of Positive Laws, Natural laws, Customary Laws, Physical or Scientific Laws and others. This article explores the jurisprudential history of customary laws. Customs is a valid source of law and held an important place in history however with time its importance dwindled. Different schools of jurisprudence such as Historical, Analytical and Anthropological put forward different theories relating to customs and customary laws. Customs have the binding force of law, however not every custom can become law. there are a number of tests of validity discussed in this article.

KEYWORDS: Custom, Customary Laws, Law, Valid Customs, Volkgeist