Which one of the following jurists has rejected customary law as law?
For "Austin", law is a command of the sovereign backed by a sanction, so a custom is not law until it is adopted by the courts or the legislature and enforced by the…
Choose your answer
Which one of the following jurists has rejected customary law as law?
Answer and explanation
Correct answer A
For "Austin", law is a command of the sovereign backed by a sanction, so a custom is not law until it is adopted by the courts or the legislature and enforced by the sovereign; until then it is only positive morality. Savigny, by contrast, treated custom as the main source of law, growing out of the common consciousness of the people, and neither Kant nor Keeton rejected custom as law in this way.
Practice for these exams
-
UGC NET Law
Subject revision
See pack details on LawMint.net -
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttar Pradesh Judicial Services (UP PCS-J)
-
CLAT PG
Subject revision for a passage-based exam
-
CUET PG Law (LL.M.)
Subject revision
-
AILET PG
Subject revision
-
Uttarakhand Judicial Services
Subject revision