Maxim 1.2.2
The general custom of the whole country is the common law of the country.
Communis consuetudo totius patriae est lex communis patriae.
Source: Jenk. Cent. 119; Jackson 147; Weisman, 18e
Difficulty 2/5 — Approachable
Explanation
The common law is not made by judges or legislators — it is the accumulated custom of the People, recognized and declared by the courts.
Where this applies
- A party claims that only statutes count as law and common law is irrelevant.
- A court treats a statute as the sole source of law, ignoring custom and common law.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 1.2.2 — The general custom of the whole country is the common law of the country. — Jenk. Cent. 119; Jackson 147; Weisman, 18e (Communis consuetudo totius patriae est lex communis patriae.)
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