Customary law facts for kids

Imagine rules that aren't written in big law books, but are followed because "that's how it's always been done." This is what we call a legal custom. It's a way of behaving that a group of people has followed for a long, long time.

Customary law happens when:

• People in a community regularly follow a certain practice.
• They believe this practice is a rule they *must* follow, not just a habit. This belief is sometimes called opinio juris.

Most customary laws are about the traditions and standards of a community that have been around for ages. But this idea also applies to rules between countries. For example, rules against piracy (stealing from ships) or slavery (forcing people to work without pay) are so widely accepted as wrong that they are considered customary international law. Over time, courts might even make decisions that support these customs, showing how they become stronger as laws.

What is Customary Law?

Customary law is a collection of traditions, practices, and beliefs that a community accepts as rules for how people should act. These rules are not usually written down in a formal way, but everyone knows and understands them.

How Customs Become Law

A court presided over by a customary chief in the Belgian Congo, circa 1942

In many communities, like the Tswana people in Southern Africa, rules develop from everyday life. Some rules might be announced by a leader, like a chief, while others simply become law because everyone has followed them for a very long time.

These rules are often flexible. This means they can change a bit depending on the situation. This flexibility can help solve problems in a way that works best for everyone involved. When a leader makes a decision in a dispute, that decision can sometimes help shape or change the rules for the future.

For a new rule to become accepted, a chief might talk about it with advisors and then with the community. If the community agrees, it becomes a strong rule. Even if a chief announces a rule, it works best when people believe in it and it fits with their way of life.

Some experts, like H. L. A. Hart, explain that a custom becomes a law when people not only follow it, but also believe they *should* follow it. If someone breaks the custom, others might criticize them. This criticism shows that the community sees the custom as an important rule, not just a habit.

Customary Law Around the World

Customary law has played a big role in how legal systems developed across history and still does today.

Old Traditions and New Laws

Long ago, in places like medieval Europe, local customs were often written down. These collections of local rules were called "custumals." They helped create the first written laws in many areas. Famous examples include the Coutume de Paris for the city of Paris in France, and the Sachsenspiegel for northern Germany. These written customs helped define people's rights and duties.

Rules Between Countries

In international law, customary law refers to rules that countries follow because they have always done so, and they believe these actions are legally required. These rules develop through how countries interact, whether through peaceful talks or even during conflicts.

Some of these international customs are so important that they are called "peremptory norms." This means they are basic rules that cannot be broken or changed easily. Examples include the worldwide bans against genocide (trying to wipe out a whole group of people) and slavery. These rules are accepted by almost every country in the world. Customary international law is different from treaty law, which involves written agreements between countries. However, many treaties actually put existing customary rules into writing.

Customary Law Today

Today, in many countries, customary law exists alongside modern, written laws. This is called "legal pluralism."

• In Canada, the traditional laws of Indigenous peoples are recognized and are becoming more influential.
• In countries like Ethiopia, even though they have modern legal codes, over 60 different systems of customary law are still used. The government often supports these traditional systems.
• In Kyrgyzstan, village elders use "aqsaqal" courts to solve problems related to property and family matters. These courts help keep traditional Kyrgyz identity strong.
• The Somali people in the Horn of Africa follow a system called "xeer". This system helps maintain order and protect people's rights in many parts of Somalia.
• In India, many customs, like those for Hindu marriage ceremonies, are accepted and recognized by official laws.
• Indonesia recognizes "adat" laws, which are the traditional laws of its many different ethnic groups.
• In the Philippines, the rights of Indigenous peoples to use their customary laws within their own lands are protected by law.
• In English law, if a practice has been followed for a very long time in a specific place, it can become a "customary right." This means that if something has been done without objection for many years, the law might recognize it as a legal right to continue.

Different Customary Legal Systems

Here are some examples of customary legal systems from around the world: