The Nature of Customary Law: Legal, Historical and Philosophical Perspectives

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Amanda Perreau-Saussine (University of Cambridge) James B. Murphy (Dartmouth College, New Hampshire)

The Nature of Customary Law

Legal, Historical and Philosophical Perspectives

Amanda Perreau-Saussine (University of Cambridge), James B. Murphy (Dartmouth College, New Hampshire)

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English

Cambridge University Press
16 July 2009

Jurisprudence & philosophy of law; Systems of law; Customary law

Some legal rules are not laid down by a legislator but grow instead from informal social practices. In contract law, for example, the customs of merchants are used by courts to interpret the provisions of business contracts; in tort law, customs of best practice are used by courts to define professional responsibility. Nowhere are customary rules of law more prominent than in international law. The customs defining the obligations of each State to other States and, to some extent, to its own citizens, are often treated as legally binding. However, unlike natural law and positive law, customary law has received very little scholarly analysis. To remedy this neglect, a distinguished group of philosophers, historians and lawyers has been assembled to assess the nature and significance of customary law. The book offers fresh insights on this neglected and misunderstood form of law.

Edited by: Amanda Perreau-Saussine (University of Cambridge), James B. Murphy (Dartmouth College, New Hampshire)
Imprint: Cambridge University Press
Country of Publication: United Kingdom
Dimensions: Height: 229mm, Width: 152mm, Spine: 20mm
Weight: 520g
ISBN: 9780521115568
ISBN 10: 0521115566
Pages: 352
Publication Date: 16 July 2009
Audience: College/higher education , Further / Higher Education
Format: Paperback
Publisher's Status: Active

Amanda Perreau-Saussine is University Lecturer in Law at the University of Cambridge and a Fellow of Newnham College. James B. Murphy is Professor of Government at Dartmouth College.

Reviews for The Nature of Customary Law: Legal, Historical and Philosophical Perspectives

'... an important collection of essays, which explores some of the ambiguities in and difficulties with the concept of customary law. ... this is an important book exploring a variety of dimensions of a neglected topic.' Edinburgh Law Review