Custom, Normative Practice, and the Law

Custom, Normative Practice, and the Law

Legally binding custom is conventionally analyzed in terms of two independent elements: regularities of behavior (usus) and convictions of actors engaging in the behavior that it is legally required (opinio juris). This additive conception of custom is deeply flawed. This Essay argues that we must abandon the additive conception and replace it with an account of custom that understands legally ...

Examples of Patients' Rights in the Light of the Normative Hierarchy of International Law

Background and Aim: The Right to Health as an Example of Human Rights Entered the International Law Literature as a General Principle After the Adoption of the Universal Declaration of Human Rights and the Covenant on Economic, Social and Cultural Rights. This Principle has Developed Over the Years in Terms of Instances, and From Within it Have Emerged Instances That are Closely Related to the ...

Customary Law Without Custom? Rules, Principles, and the Role of State Practice in International Norm Creation

from custom constitution to custom constitutional law

from the perspective of experts, custom as moral rules binding takesplace in source of law. however, clarify its position in constitutional lawneeds to know history of custom presence in basic documents which governon human societies. known dividing constitutions into two main categories,codified and customary, only will be clarified part of the extensive.because above division, as many experts...

Normative lessons: codes of conduct, self-regulation and the law.

Good medical practice: a code of conduct for doctors in Australia provides uniform standards to be applied in relation to complaints about doctors to the new Medical Board of Australia. The draft Code was criticised for being prescriptive. The final Code employs apparently less authoritative wording than the draft Code, but the implicit obligations it contains are no less prescriptive. Although...