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Law and the Image
The Media Lab : Jadavpur University

 

The Judicial Recognition of Custom in India.


Dublin Core

Title

The Judicial Recognition of Custom in India.

Subject

Legal studies

Description

The article compares legal perspectives and norms between Britain and India to establish that the distinction drawn by English lawyers between "custom" and "usage" that does not exist in India.

Creator

Lindesay J. Robertson

Source

Journal of Comparative Legislation and International Law, Third Series, Vol. 4, No. 4, (1922), pp. 218-228

Publisher

Cambridge University Press on behalf of the British Institute of International and Comparative Law.

Date

1922

Contributor

The Media Lab

Rights

JSTOR
http://www.jstor.org/stable/753149.

Format

Paper

Language

English

Document Item Type Metadata

Text

The article compares legal perspectives and norms between Britain and India to establish that the distinction drawn by English lawyers between "custom" and "usage" does not exist in India. There being in England no such thing as a " personal law," in the sense in which that expression is used in India, English rules as to the necessary proof and characteristics of customs and usages, cannot usefully be applied. As a result the confusion manifested in the English law on the subject, becomes worse confounded when sought to be applied in Indian Courts. "Usage" and "custom" being synonymous terms as applied to the personal law of a Hindu or Mohammedan, their identity should be judicially recognized, and appropriate rules framed for their enforcement, without regard to the distinctions and refinements of English Law.

Original Format

Paper

Collection

Citation

Lindesay J. Robertson, "The Judicial Recognition of Custom in India.," in Law and the Image, Item #26, http://lawimage.medialabju.org/items/show/26 (accessed July 18, 2018).

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License

Creative Commons License

File: The Judicial Recognition of Custom in India.pdf


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