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Essay / Research Paper Abstract
This 5 page paper looks at how customary law may be seen in mainstream law and the issues of customary law form alterative cultures, such as aboriginal law and sovereign law and the difficulties of both co-existing. The bibliography cites 7 sources.
Page Count:
5 pages (~225 words per page)
File: TS14_TEcustlaw.rtf
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Unformatted sample text from the term paper:
not only does the law work within any society, it is also based on many of the same customs and practices that built society. The law has to adapt and
evolve just as social development takes place. This means looking to custom for guidance as well as a foundation. Customs may be seen in many cultures, and where the law
is exercised over these cultures we may also argue that other customs need to be taken into consideration, but in many cases these may also indicate a divergence with accepted
standards, such as universally accepted human rights. If we look at some of the origins of laws these were based on customs
prior to the law being created. This may also be seen as leading to the traditional separation of the powers which is a pillar of most western legal systems today.
Looking at the development though English law we can see the influence of custom here. For example, in the UK today there is no single document with the definition of
a constitution, but the separation of the power and the foundation of the law. Englands political field owes much of its creation to a time when the only law was
Trial by Combat . This was how the Anglo-Saxons saw the role of justice in solving their problems (Barker and Padfield 1994) The
Kings left the actual running of the six counties to the individual barons, who then reported to his Council known then as the Witan prior to the Norman Invasion
of 1066 (Barker and Padfield 1994). Later after the Norman invasion of 1066 the Norman Kings were advised by nobles, barons and the clergy. This group was titled the
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