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“Existing custom is, therefore law : if it is not called in question, it operates as part of the general law of the land, if it is challenged, as is proved to exist as a local variation of the ordinary law, and further is not shown to violate any essential general legal principle it is recognized by judicial authority as good law. If it is not proved to exist, it is necessarily declared not to be law and to have no validity; and further, if in rare cases, though proved to exist in fact, it is held to be mischievous in tendency, it is abrogated by the court and henceforth, is of no binding force”. This observation is made by:
Salmond
Friedmann
Allen
Keeton
- Salmond: A legal scholar known primarily for his work on jurisprudence and legal theory.
- Friedmann: An academic specializing in international law and legal philosophy.
- Allen: Known for emphasizing the role of custom in law, making him the most likely author of this observation.
- Keeton: Recognized for contributions to tort law and legal education.
The statement highlights the role of custom as law unless it contradicts general legal principles or proves detrimental. Custom becomes law when unchallenged or validated by courts. If proven harmful, it's abolished.
By: Parvesh Mehta ProfileResourcesReport error
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