In this article you will learn about the Difference Between Custom and Law.
Custom and Law
Custom and law are both social norms that regulate behaviour. However, there are some key differences between the two.
Custom
A custom is an established behaviour that is adhered to by a particular group of people. There are two types of customs: written and unwritten, formal and informal. With continued use, customs can grow over time. They may be predicated on cultural customs, religious convictions, or just what people have always done. Customs are upheld by means of social pressure. Someone who disobeys a custom could face ridicule or exclusion from their community. A vast range of actions, from religious rites to social graces, can be classified as customs. Communities can have different customs. For instance, what is deemed courteous in one culture might be viewed as impolite in another. Customs are subject to change as people's values and beliefs do. As we can see, the custom of arranged marriages is becoming less common in many parts of the world.
Law
Law is a set of regulations that control how people behave both individually and in groups. Its goal is to advance justice, equity, and order. There are both written and unwritten laws. Statutes, regulations, and constitutions are examples of written law. Judicial rulings, customs, and traditions are examples of unwritten law. Law has a number of important functions such as, it provides a framework for resolving disputes, it also protects individual rights and freedoms, promotes social order and stability, encourages economic growth and development and also helps to maintain social cohesion and harmony.
The two primary areas of law are public law and private law. Public law deals with the relationship between the government and its citizens. It includes constitutional law, criminal law, and administrative law. Whereas private law deals with the relationships between individuals and organisations. It includes contract law, tort law, and property law. Law is important because it helps to create a society where people can live together peacefully and productively. It provides a framework for resolving disputes, protecting rights, promoting order, and encouraging economic growth.
Here are some examples of customs and laws:
Custom
- It is customary to shake hands when meeting someone for the first time in many cultures.
- It is customary to give gifts to hosts at the end of a dinner party.
- It is customary to wear black to funerals in many cultures.
Law
- In many countries, it is illegal to drive under the influence of alcohol.
- In many countries, it is illegal to steal.
- In many countries, it is illegal to murder someone.
Conclusion
Custom and law are both important social norms that regulate behaviour. However, they have different origins, enforcement mechanisms, scopes, consistencies, and rates of change. Customs can develop over time through repeated practice, while laws are typically created by governments. Customs are enforced through social pressure, while laws are enforced by the government. Customs can cover a wide range of behaviours, while laws typically focus on specific areas of behaviour. Customs can vary from community to community, while laws are typically consistent throughout a jurisdiction. Customs can change over time, while laws can also change over time, but this process is typically more difficult and time-consuming. Custom and law can interact in a number of ways, such as when laws are created to codify existing customs or when laws are used to change customs.
This article on Difference Between Custom and Law is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.