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Legal System

Customary Law

Also Known As Traditional Law
Customary Law Systems

Customary law is a legal system based on the long-established customs and traditions of a community, typically unwritten and passed down through oral tradition, and applied by community, tribal or traditional authorities. It remains formally recognized, often alongside an inherited colonial-era common or civil law system, across much of sub-Saharan Africa, in Pacific Island states, and within Indigenous legal systems recognized to varying degrees in Canada, Australia, New Zealand and elsewhere. Because customary law is generally unwritten and specific to each community, it resists the kind of single-origin dating the other legal system families in this atlas carry, and no single origin year is recorded for it here.

Facts
Example Jurisdictions
Many sub-Saharan African nations; Pacific Island states such as Papua New Guinea and Vanuatu; Indigenous legal systems recognized within Canada, Australia and New Zealand. 2
Primary Source of Law
Long-established community custom and oral tradition, applied by community or tribal authorities, often alongside an inherited common or civil law system. 2
Classification
Legal Family
Customary Law 1
Customary Law
Filter Results3 entries
Connections

Includes

Source Central Intelligence Agency: Togo, The World Factbook (factbook.json archive copy)

Legal-system family: Customary Law Systems, following the CIA World Factbook and JuriGlobe comparative-law family classification.

Legal-system family: Customary Law Systems, following the CIA World Factbook and JuriGlobe comparative-law family classification.

Source Code of Lekë Dukagjini (Wikipedia)
Source Central Intelligence Agency: Togo, The World Factbook (factbook.json archive copy)
Source Central Intelligence Agency: Togo, The World Factbook (factbook.json archive copy)

The Act operates within Australia's common law system while formally recognizing native title held under Aboriginal and Torres Strait Islander customary law and custom.

Source Native Title Act 1993 (Wikipedia)
Source Rivers State Customary Court of Appeal (Wikipedia)
Sachsenspiegel, Codes
Source Sachsenspiegel (Wikipedia)
Source Central Intelligence Agency: Togo, The World Factbook (factbook.json archive copy)

Legal-system family: Customary Law Systems, following the CIA World Factbook and JuriGlobe comparative-law family classification.

Ubuntu draws directly on indigenous Southern African customary-ethical philosophy received into South Africa's mixed legal system.

Source S v Makwanyane and Another, Constitutional Court of South Africa Judgment (Refworld)

Legal Family Of

Long-Form Articles

In the Other Atlases

Found In

Also in Geography Atlas: where this subject is found.

Also in Geography Atlas: where this subject is found.

Also in Geography Atlas: where this subject is found.

Source An Introduction to Comparative LawKonrad Zweigert and Hein Koetz; English translation by Tony Weir

Also in Geography Atlas: where this subject is found.

Source An Introduction to Comparative LawKonrad Zweigert and Hein Koetz; English translation by Tony Weir

Also in Geography Atlas: where this subject is found.

Source An Introduction to Comparative LawKonrad Zweigert and Hein Koetz; English translation by Tony Weir

Also in Geography Atlas: where this subject is found.

Also in Geography Atlas: where this subject is found.

Source An Introduction to Comparative LawKonrad Zweigert and Hein Koetz; English translation by Tony Weir

Also in Geography Atlas: where this subject is found.

Sources
1. Wikipedia: Customary law
Customary law (also consuetudinary or unofficial law) exists where a certain legal practice is observedView the Source
2. An Introduction to Comparative Law
Konrad Zweigert and Hein Koetz; English translation by Tony Weir, Clarendon Press, Oxford, 1998
Native Title Act 1993 (Wikipedia)
Includes: Native Title Act 1993 (Australia)View the Source
S v Makwanyane and Another, Constitutional Court of South Africa Judgment (Refworld)
Includes: Ubuntu JurisprudenceView the Source
Rivers State Customary Court of Appeal (Wikipedia)
Includes: Rivers State Customary Court of Appeal, Wikipedia lead sentence
Quote, Includes: Rivers State Customary Court of Appeal, Wikipedia lead sentence
has appellate and supervisory jurisdiction over matters of customary law in Rivers State
View the Source
Central Intelligence Agency: Togo, The World Factbook (factbook.json archive copy)
Central Intelligence Agency
  • Includes: Constitution of Togo, Government: Legal system
    customary law system
  • Includes: Abdoulaye Yaya Bawa, Government: Legal system
    customary law system
  • Includes: Supreme Court of Togo, Government, legal system
    customary law system
  • Includes: Court of Cassation of Togo, Government, legal system
    customary law system
View the Source
Code of Lekë Dukagjini (Wikipedia)
Includes: Code of Lekë Dukagjini, Lead
Quote, Includes: Code of Lekë Dukagjini, Lead
The Code of Lekë Dukagjini (Albanian: Kanuni i Lekë Dukagjinit, also known as the Code of the Mountains (Kanuni i Maleve) is one of the variants of the Albanian customary law transmitted orally.
View the Source
Sachsenspiegel (Wikipedia)
WikipediaIncludes: Sachsenspiegel, Lead
Quote, Includes: Sachsenspiegel, Lead
Originating between 1220 and 1235 as a record of local customary law and rulings, it was used in places until as late as 1900.
View the Source
Customary law (Wikipedia)
WikipediaIn Group: Concepts of Customary Law, Introduction, sentence 3
Quote, In Group: Concepts of Customary Law, Introduction, sentence 3
Customary law (also consuetudinary or unofficial law) exists where: a certain legal practice is observed and the relevant actors consider it to be an opinion of law or necessity (opinio juris).
View the Source
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