|
Abstract: The Common Law system as it exists in the United States has evolved well beyond the English Common Law which Blackstone described in the 18th century. While custom in the classic sense still permeates the body of the United States law, functioning at least as an occasional source of law in virtually every field, it occupies a vestigial position today. Custom as a direct source of law in the United States has been overtaken by our extensive system of reported case precedents and the unrelenting trend towards legislative norms as the pre-eminent source of rules in this country. This article examines the role of custom in American law. It concludes that custom in the classic sense is a limited source of law, with occasional flickers of current influence in the United States. But custom as a source of commercial law is vital, one which is almost sure to increase in vitality with the passage of time and heightened appreciation of UCC § 1-205(4), which is a salutary trend.
Keywords: Custom As Source Of Law, UCC § 1-205(4), Common Law
|