CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
In jurisprudence, which of the following best describes a 'custom' that can be recognised as a source of law?
A custom is a long-established practice of a community, followed continuously and regarded by the community as binding. Because it grows out of social acceptance rather than legislative enactment, it becomes a source of law once it satisfies the tests of antiquity, continuity and obligatory force.
- AA rule laid down by a legislature after following a prescribed procedure
- BA long-established practice of a community that has been followed continuously and is regarded as bindingCorrect
- CA one-time agreement between two private persons
- DAn opinion given by a senior advocate in a court
Explanation
A custom is a settled practice of a community, observed over a long time and accepted as obligatory. Legislation is enacted law, not custom. A private agreement or an advocate's opinion does not reflect a community-wide binding usage.
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