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单词 customary law
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customary law
3. Law. Designating a law or body of law based on established customs, traditions, or usages rather than common law or statute; esp. in customary law. Now chiefly: spec. (a) designating any of various indigenous laws or bodies of law based on traditional customs in particular communities; (b) designating those aspects of international law which are based on the general practice of states rather than on treaty. Also: of or relating to such laws.Cf. the different legal use at sense A. 1.
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society > law > branch of the law > [adjective] > common law or customary
customable?a1439
customary1552
consuetudinary1590
consuetudinal1656
negative1894
1552 R. Huloet Abcedarium Anglico Latinum Customarye lawe, constitutum ius.
1577 W. Harrison Hist. Descr. Islande Brit. iii. iii. f. 99v/2, in R. Holinshed Chron. I Customarie law consisteth of certaine laudable customes vsed in some priuate country.
1642 Questions Resolved & Propositions tending to Accomm. (new ed.) ii. sig. Av For if it be as truely as vulgarly said, Consuetudo est altera Natura, Then are our Customary Lawes the most naturall Laws of this Land.
1687 R. Wolley tr. N. Besongne Present State France (new ed.) i. ii. 11 They are governed chiefly by the Civil Law, though they have likewise their Customary Laws, peculiar to several Provinces.
a1768 J. Erskine Inst. Law Scotl. (1773) I. i. i. §47 An uniform tract of decisions of the court of session..is by Mackenzie..accounted part of our customary law.
1780 J. Bentham Introd. Princ. Morals & Legisl. (1789) xvii. p. cccxxvii The laws..may subsist either in the form of statute or in that of customary law.
1815 M. Elphinstone Acct. Kingdom Caubul ii. ii. 165 The Pooshtoonwulle, or usage of the Afghauns; a rude system of customary law.
1824 Brit. & Colonial Weekly Reg. 24 July 235 The condition of Slaves in the country and round Gallinas is extremely abject... By the customary law of the country, the family Slaves..cannot be sold.
1826 Reg. Deb. Congr. 2 617 The Senator from Maryland insists that the right to send Ministers to this Congress at Panama, is not derived from any pact or convention to that effect; but is derived from the general, customary international law.
1887 Massachusetts Rep. 143 392 It is the law, whether customary or statutory, which determines who shall inherit real property when the owner dies intestate.
1887 A. Featherman Social Hist. Races Mankind I. 91 There exist no regular laws for the government of the tribes, but the customary law..is considered sacred and inviolable.
1917 Virginia Law Rev. 5 105 A treaty or an act of Congress overrules customary international law.
1920 S. Afr. Law Jrnl. 37 265 The customary laws of Holland founded on old German customs.
1988 S. Meintjes in J. Laband & R. Haswell Pietermaritzburg 1838–1988 66 Conflicts between village members were solved in the customary court.
1992 P. W. Birnie & A. E. Boyle Internat. Law & Environment i. ii. 15 State practice supported by opinio juris..provides the evidence necessary to establish a customary rule.
2008 Indonesia 86 162 The legal status of customary law, particularly as it applies to land, is still in considerable flux.
extracted from customaryadj.n.3
customary law
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a. With defining word, indicating some one of the branches into which law, as an object of study or exposition, may be divided, according to the matter with which it is concerned, as commercial law, ecclesiastical law, etc., the law of banking, law of evidence, etc.; or according to the source from which it is derived, as statute law, customary law, case law (see case n.1), etc. See also canon law n. at canon n.1 1b, civil law n., common law n. and adj., martial law n.
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