Open AccessLEGAL CUSTOM AS A SOURCE OF LAW
Author(s) -
Сорокина Юлия Владимировна
Publication year - 2022
Publication title -
severo-kavkazskij ûridičeskij vestnik
Language(s) - English
Resource type - Journals
eISSN - 2687-0304
pISSN - 2074-7306
DOI - 10.22394/2074-7306-2022-1-1-35-44
Subject(s) - relevance (law) , law , creativity , state (computer science) , empirical legal studies , political science , legal research , computer science , algorithm
This article presents a study of legal custom as a source of law. The relevance of this problem is substantiated. The question of the essence of custom, its legal nature, which consists in the peculiarities of the way of regulating social relations by custom, is clarified. The questions of the origin and formation of legal customs are investigated. In particular, theories of the origin of customs are considered: the theory of spontaneous education and the theory of individual creativity. The correlation of custom and judicial precedent, custom and law is also analyzed, the viability of custom in the conditions of the state is proved.