“The true view, as I submit is that the law is what the judges declare ; that statutes, precedent the opinions of the learned express, customs and morality are the sources of law, that at the back of everything lies the opinion of the ruling spirit of the community, which have the power to close any of these sources; but that so long as they do not interfere, the judges in  establishing law have recourse to these sources. Custom is one of them, but to make it not any one source but the sale source, the law itself requires a theory which is as little to be trusted as that of Austin”, said