In everyday life, a person often enough encounters the fact that, in addition to state laws and regulations, there is also some unwritten order of behavior in various situations. This is often called custom. But the indicated term itself is quite complex and ambiguous. So what is a "custom"?
Instruction manual
1
In a widespread everyday meaning, custom is a certain rule of behavior that has developed over a long time.
2
Customs played an important role in the development of human society. They began to appear in the pre-literary period and served as a regulator for the life of the community. Since people at that time were far from always able to realize the rational connection between their actions and their results, customs became a form of transfer of experience - for survival it was necessary to learn first of all the necessary algorithm of actions. Customs and traditions have become the basis of almost all spheres of life, from economics to religion.
3
With the development of society, the advent of writing and the state, the custom retained its regulatory function. For many centuries, along with written law, the so-called “customary law” acted, originating from the traditions of ancestors and transmitted orally. It could both supplement written texts of laws and contradict them. And often the prevailing custom became a source for written legislation. An example is the famous monument of the medieval history of Russia - "Russian Truth", which was a collection of laws based on customary law.
4
Customs play a big role in the modern world. They are preserved in the everyday life of people, for example, in the form of wearing folk costumes or holding traditional holidays. They also exist in the areas of social activity. For example, in the sphere of business, there are “business customs” - rules of conduct when concluding various transactions and other entrepreneurial activities. They are not fixed by law, but, nevertheless, are widespread in the business environment.
5
Customs also exist in politics. For example, in some countries, under certain conditions, a politician must leave his post, even if this is not explicitly stated in the law.
6
In modern jurisprudence, customs have become a source for the formation of case law - a system in which the judge deciding on any case must keep in mind the previous interpretations of laws in the form of court decisions.
