Custom
idea · 7 works · 8 mentions · 15 anchored passages
custom · caritra · consuetudo · deśadṛṣṭa · established rule · local usage · regional custom · the custom · the dangerous headland · the wave
in the texts
The Freedom of the Seas (Mare Liberum)
The legal doctrine of custom, examined alongside prescription and likewise rejected as a basis for exclusive rights over the sea or trade.
Moreover what we have said about prescription applies with equal truth and force to custom;
There are jurists who in this case would distinguish custom from prescription, so that if they are debarred from the one, they may fall back upon the other.
We have shown that according to Vasquez, neither prescription nor custom had any force as between free nations or the rulers of different peoples, or any force against those principles which were introduced by primitive law.
Protrepticus
Ingrained habitual practice personified as a deadly sea-hazard to be fled, choking man and turning him from truth.
let us flee it like a dangerous headland, or the menace of Charybdis, or the fabled Sirens.
Orations
The unwritten law of a nation or city, contrasted favorably with written law
Custom is the common judgment of those who practise it, an unwritten law of a nation or a city, a justice that is voluntary, pleasing all alike, the discovery of no man, but of life and of time.
Hecuba
The personified force of custom or established law, invoked by Hecuba as the ultimate ground of right and wrong that even the gods respect, and echoed by the Chorus Leader.
Custom determines even our natural ties, making the most bitter foes friends, and regarding as foes those who formerly were friends.
I may be a slave and weak as well, but the gods are strong, and Custom too which prevails over them, for by custom it is that we believe in them and set up boundaries of right and wrong for our lives.
De Virginibus Velandis
Established practice or tradition, contrasted with and sometimes provisionally allied with truth
Truth was content to make a pact with custom, so that, silently, under the name of custom, it might enjoy itself even in part.
There is this institution also somewhere under this sky of ours, lest anyone should ascribe that custom to Greek or barbarian heathenism.
For it is generally from these that custom takes its rise, drawing its beginning from some ignorance or simplicity, and is then strengthened into a practice by succession, and so is upheld against the truth.
Bṛhaspati Smṛti
Local usage, inference, or community approval, one of the four means of deciding doubtful legal matters.
Where the king sets aside established custom and makes a decision anew, that is the king's edict, and by it, custom is superseded.
Where a decision is made based on local usage, inference, or the approval of the community, there the general rule of legal procedure is superseded.
Kātyāyana Smṛti
Locally established, long-standing practice (regional, guild, or communal), recognized as a source of law subordinate to Dharma but capable of overriding legal procedure in certain conditions.
Whatever is established in writing as the practice for guilds.
What is established as authoritative regional custom, thus it is determined.
When a sovereign makes a decision according to that rule (custom), then legal procedure is superseded by that custom.