Custom's Past

Kadens, Emily

doi:10.1017/cbo9781316014264.002

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Modern Diminishment Of Custom1

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2018

2023

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“…Customary law is strongest as a source of law in "small and closely knit communities, which often do not share the modern needs for fixed laws." 192 Louisiana now has almost 4.7 million people 193 of many races, 194 ethnicities, cultures, 195 and religions. 196 It is difficult to imagine an uncodified practice that all, or even most, Louisiana citizens believe to be a binding legal obligation.…”

Section: Modern Diminishment Of Custommentioning

confidence: 99%

Custom as a Source of Law in Louisiana

Stephenson

2018

SSRN Journal

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Section: Modern Diminishment Of Custommentioning

confidence: 99%

Custom as a Source of Law in Louisiana

Stephenson

2018

SSRN Journal

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Custom, Reconsidered: Lessons on Unwritten Rules from Professional Sports

Beck

2023

International Studies Review

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Professional sports have unwritten, but nevertheless well-appreciated and behavior-guiding rules that have come to be viewed as obligatory and subject to enforcement. This essay uses such unwritten rules from professional sports as novel lenses through which to view afresh, and more richly to appreciate, customary international law (CIL) rules’ nature, origins, and evolution. Though much CIL scholarship has presumed that merely tradition and self-interest have empowered CIL’s legal force, unwritten rules from professional sports demonstrate that emergent and even unacknowledged norms can and do necessitate widely accepted actions and penalties. This essay begins with a discussion of CIL’s literature, distinct nature, and methodological challenges. It turns next to a review and analysis of four prominent, unwritten rules drawn from professional sports. Finally, based on that analysis, it identifies particular lessons of salience for students of CIL. This essay also specifies the broader implications for CIL of professional sports’ unwritten-but-obligatory rules.

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Our Imperial Federal Courts

Steilen

2021

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Custom's Past

Cited by 3 publications

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Custom as a Source of Law in Louisiana

Custom as a Source of Law in Louisiana

Custom, Reconsidered: Lessons on Unwritten Rules from Professional Sports

Our Imperial Federal Courts

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