Custom’s Two Bodies

Kadens, Emily

doi:10.1163/9789004249035_019

Cited by 15 publications

(2 citation statements)

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“…Importantly, said recognition is not a doctrinal exercise but must be an empirical act performed by a flesh and blood agent. Likewise, Kadens (2013) systematically distinguishes norms that emerge from the spontaneous activity and legally binding customary rules proclaimed by an authorized agent. According to this approach, customary law consists of two counterparts: factual behavior-custom and legalistic rule-custom.…”

Section: Ambient Norms and Pure Customsmentioning

confidence: 99%

“…As previously suggested, the standard doctrine that originated in late Roman law (see, Schiller, 1938;Bederman, 2010) responds to this difficulty by citing two joint requirements: the existence of the underlying praxis and the requirement of opinio juris. However, historical and empirical research on the strategies employed by courts to identify customary norms suggests that those two criteria, even when declaratively accepted, are frequently downplayed (Kadens, 2013;Petersen, 2017).…”

Section: Ambient Norms and Pure Customsmentioning

confidence: 99%

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Spontaneous Norms in Law and Economics: A Sketch Typology

Zdybel

2023

SSRN Journal

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Section: Ambient Norms and Pure Customsmentioning

confidence: 99%

Section: Ambient Norms and Pure Customsmentioning

confidence: 99%

Spontaneous Norms in Law and Economics: A Sketch Typology

Zdybel

2023

SSRN Journal

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Custom, Law, and Monarchy

Kim¹

2021

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Ancien régime France did not have a unified law. Legal relations of the people were governed by a disorganized amalgam of norms, including provincial and local customs (coutumes), elements of Roman law and canon law that together formed jus commune, royal edicts and ordinances, and judicial decisions, all coexisting with little apparent internal coherence. The multiplicity of laws and the fragmentation of jurisdiction were the defining features of the monarchical era. A key subject in European legal history is the metamorphosis of popular customs into customary law, which covered a broad spectrum of what we call today private law. This book sets forth the evolution of law in late medieval and early modern France, from the thirteenth through the end of the eighteenth century, with particular emphasis on the royal campaigns to record and reform customs in the sixteenth century. The codification of customs in the name of the king solidified the legislative authority of the crown, the essential element of the absolute monarchy. Achievements of French legal humanism brought French custom and Roman law together to lay the foundation for the French law. The Civil Code of 1804 was the culmination of these centuries of work. Juristic, political, and constitutional approaches to the early modern state allow an understanding of French history in a continuum.

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Kim

2021

Custom, Law, and Monarchy

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Custom’s Two Bodies

Cited by 15 publications

References 1 publication

Spontaneous Norms in Law and Economics: A Sketch Typology

Spontaneous Norms in Law and Economics: A Sketch Typology

Custom, Law, and Monarchy

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