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D92 Misleading Cases in the Customary Law: The Pertinacious Litigant & Central Europe

Martyn Rady



By Martyn Rady.

Category: Inaugural Lectures


Detailed Description

Historians have tended to regard customary law as either an unwritten text communicating fixed principles or else as a less sophisticated variety of the Common Law.  A number of its principles were inadvertently satirised by A.P. Herbert through the intervention of his pertinacious litigant, Alfred Haddock.  Customary legal systems are, however, readily explicable as a means of obtaining equitable solutions that comport with a popular understanding of the law’s content. In the modern period, customary law became one of the markers of Central Europe’s supposed backwardness and, paradoxically, also a symbol of national prestige and uniqueness. 

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