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Spontaneous Emergence of Law: Customary Law

Опубликовано на портале: 05-02-2003
Encyclopedia of Law and Economics. 1999. 
Modern legal systems generally recognize customary rules that have emerged either within the confines of positive legislation or in areas that are not disciplined by positive law. Where custom is in direct conflict with legislation the latter normally prevails. In some instances, however, a custom supersedes prior legislation (that is, abrogative custom), and some arguments have been made in support of emerging practices that conflict with obsolete provisions of public international law. The theoretical and practical significance of some forms of spontaneous social order, which compete with enacted law in influencing human choice, are discussed below.

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