When enacted law fails, we resort to custom; when custom also fails, we resort to natural reason.

Explanation

Natural law is the ultimate backstop — when statute and custom are both silent, the case must be decided by the law written on nature itself.

Where this applies

• There is no statute or case law on point for a dispute, and the court must find another source of law.
• A judge needs to decide a case where neither written law nor local custom provides an answer.

See also

• 1.3.1 Custom is the best interpreter of the law.
• 1.5.6 Law is a rule of right.