Volume – 01, Issue – 01, Page : 01-

Fluidity and Resilience of Customary Legal Norms in Global Legal Landscape

Author/s

Matteo Ricci

Digital Object Identifier (DOI)

10.56106/lss.2021.010

Date of Publication

24 December 2021

Abstract :
This research navigates the intricate terrain of customary law, unraveling its diverse manifestations, historical underpinnings, and contemporary significance across various legal contexts. Grounded in the foundational principles of customary law, the exploration delves into its core attributes—an established pattern of behavior objectively verified within specific social settings, recognized and accepted by a community with the intertwined elements of observed practice and opinio juris. The historical trajectory of customary law is traced, revealing its roots in the collective wisdom of societies and its adaptive evolution in response to changing circumstances. From indigenous legal systems in Canada to the Horn of Africa, and from the fjords of Scandinavia to the archipelagic expanse of Indonesia, this paper traverses diverse regions, uncovering the contextual relevance and adaptability of customary norms. The examination of Ethiopia’s legal mosaic, with over 60 customary legal systems coexisting with civil law codes, showcases the fluid and evolving nature of legal norms within a complex societal framework. In the international arena, customary law takes on a distinct character as the Law of Nations, evolving through the customary exchanges between sovereign states. The research underscores the dynamic interplay of state practice and opinio juris in the crystallization of customary international law, with examples ranging from the prohibition of the use of force to environmental protection and human rights. The paper further explores the role of customary law in tort contexts, particularly its dynamic and context-specific application in determining negligence. As the exploration unfolds, customary law is portrayed not as a static relic but as a dynamic force encapsulating a journey through diverse cultures, legal traditions, and historical contexts, offering a comprehensive understanding of customary law as a living entity that bridges tradition and modernity, leaving an indelible imprint on the intricate tapestry of global legal systems.

Keywords :
Customary Law, Indigenous Legal Systems, International Customary Law, Opinio Juris, Legal Evolution, Contextual Adaptability, Tort Law, Negligence, Cultural Heritage, Legal Pluralism.

References :

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