The question (15 marks)
Explain custom as a source of law, state the essential conditions of a valid custom, and compare custom with legislation. (15 marks)
MU Module 2, heads on custom as a source of law and its essential conditions of validity.
Plan your answer on paper before you look at the authorities — issue first, then the rule, then apply it to these facts.
It tests Unit 2 · Sources of Law of Jurisprudence / Legal Theory.
Authorities you will need
- Salmond and Keeton, on the definition of custom
- Austin, denying that custom is a source of law
- Roscoe Pound and Savigny, on customary law
- Otto von Gierke, on human association as a living entity
How an answer is marked
A full-marks answer names the issue in one line, states the rule with its section, cites the authority, applies it to these facts and concludes — in that order. The app's model answer for this question is written in exactly that shape, with a checklist to mark your own attempt against.