CUSTOM AS A SOURCE OF LAW
If you are reading this blog article and you are not a lawyer (just like me), sometimes you must have wondered about the origin of law. Out of curiosity, I always wander into the study of law on my own of course just to understand what is it all about. There are many inspirations out there. In Kenya we’ve Okiya Omtata. He is always ahead of the pack when it comes to Public Interest litigation in Kenya.
You too can study any subject that you are interested in. Who said that you must only keep to your lane. In fact, Malcom X used to read widely in numerous fields. You too can do that. Reading mixed with action is power.
Where did laws come from? Today I’ll answer this question but I’ll just focus on one source: custom.
Custom plays a key role in shaping laws around the world. Customs are basically the practices of various communities around the world.
Aren’t customs believed to be dangerous and outdated? How can they be sources of law?
Is this the source of customary law?
Customary law reminds us that law doesn’t have to be dictated to use from the top. That is from the law making bodies such as parliament or case law. Customary law allows us to also have a say in law making process.
It is interesting to note that custom is always all around us. However, customs can also be evil.
Customs are alive and well in many parts of the world hence will keep informing our laws.
