CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
In jurisprudence, a custom is generally treated as a source of law mainly because it:
Custom is a source of law because it consists of long-standing practice that the community follows as binding, and courts recognise and enforce it. It is not created by the legislature, the executive or jurists, but arises from social usage.
- AIs enacted by the legislature after due debate
- BReflects long-standing practice that people follow as binding and that courts recogniseCorrect
- CIs declared by the executive through ordinances
- DIs drafted by a committee of jurists
Explanation
Custom grows out of habitual practice that the community regards as obligatory, and it gains legal force when courts recognise it. Legislative enactment (option 1) describes statute, not custom. Ordinances and jurists' drafts are different sources.
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