Meaning Of Customs: Definition Of Customs And Customs
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MEANING OF CUSTOMS AND CUSTOMARY LAWS
CUSTOMS:
Customs can be defined as the something that is a fixed mode of behaviour in society, which has been established through the years. Customs are framed on the basis of the various dimensions of the man’s behaviour which has been prescribed by the society. According to the Law Dictionary, customs can be defined as “A usage or practice of the people, which, by common adoption and acquiescence and by long and unvarying habit have become compulsory, has acquired the force of a law with respect to the place or subject matter to which it relates.”
Customs can also be defined as something that has been established through distinctive practices of people, especially those of a primitive tribe.
Various jurists and authors have given definitions of customs. Sapir says “The word custom is used to apply to the totality of behaviour patterns which are carried by tradition and lodged in the group, as contrasted with mere random personal activities of individual.” This tells us that customs are based on traditions of an entire group and not that of an individual. Further according to Austin, “Custom is a rule of conduct which the governed observed spontaneously and not in pursuance of law set by a political superior.”
Definition of customs can be seen in some cases as well, in Subramanian Chettiar v. Kumarappa Chettiar custom is “A particular rule which has existed from the time immortal and has obtained the force of law in a
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