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NeCede's

Maxim 1.3.23

General customs are such as prevail throughout a country and become the law of that country.

Source: Bodfish v. Fox, 23 Me. 95; Weisman, 27q Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Customs observed uniformly throughout a country become part of its law — cite this to establish that a nationwide practice carries binding legal force even without a statute.

Where this applies

  • The practice of trial by jury, observed uniformly throughout England, became part of English common law without any statute creating it.
  • The custom of freedom of navigation on public waterways, followed throughout the nation, is treated as binding law even though no legislature enacted it.
  • The widespread American practice of open public meetings for government business is recognized as having the force of law because it prevails throughout the country.

Legal domains

Cite this maxim

NeCede Max. 1.3.23 — General customs are such as prevail throughout a country and become the law of that country. — Bodfish v. Fox, 23 Me. 95; Weisman, 27q

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