Customary law Essay Example | Topics and Well Written Essays - 2500 words

Customary law - Essay ExampleThis render discusses that customary laws still reside the basis of new laws in modern societies. For instance in the united States, United Kingdom and other countries custom laws takes the form of common law. Modern legal issues such as the application of commerce laws to the internet in the 1990s, started as customary laws. For custom laws to be applied in the inter interior(a) law it needs to have met three conditions. One it should have widespread recurrence in that many states need to be applying that law in their countries. Secondly, each nation should have a sniff out of obligation to have the set standard and in enforcing the laws. Third the laws should bring about little dispute among the states internationally to be able to be applied. Customary legal systems tend to the quest basic commandment in their application. One there should be a strong concern for individual rights. Two laws apply by victims backed by reciprocal agreements. Third ly, standard adjudication procedures must be observed to avoid violence. quaternary offences treated as torts punishable through economic restitution, five legal changes by means of an evolutionary process of developing customs and norms. Cultural law can be seen to have roughly advantages for the following reasons. They be flexible and easy to implement to suit the situation at hand. Because most of the customary laws are from the pots who believe they are normally are easily changed and accepted. The peoples and the communitys cultures are given some sense of wisdom by these customary laws hence making them easily acceptable to many people in the world. It also gives assurances to the minorities in the world that their way of life is given some preference in the application of law universally3. Through the application of customary laws, it gives the people a sense of belonging and recognition in the application of the laws. Most customary laws have undergone changes in their content, interpretation, and enforcement. While changing, they can also slug if amid their evolution, the people give them a rigid interpretation especially if the customs continue when their social ass has changed. A community may justify their continuance or avoidance by stating that its forefathers have ordain them. The customary laws change also when they are codified particularly when the formal system that has a pen document as its base recognizes them. Discussion Presently, in a majority of cases, where customary law meshings with domestic help law the latter prevails, the exception being where a national law can be shown to conflict with constitutionally recognized customary rights. In such cases, the aggrieved party will still need the political science to amend the offending legislation, and to take such remedial measures as may be required to remunerate any wrong, which has occurred. In some cases, there may be little hope of redress where irreversible exploitation of resources has occurred. Where no constitutional protection exists, communities will forever be dependent upon the goodwill of the national authorities, as legislative action can at any time result in the annulment of ancestral rights. Customary law and practice may be undermined by adoption of culturally insusceptible national laws. Similarly, traditional authority is being eroded as those unhappy with their decisions seek