Introduction - 

    Legislation and customary law are two types of legal systems, but they are very different. In this article, we'll take a look at the difference between these two legal systems and how they vary.  A fundamental difference between the two is that legislation is created by a government, while customary law is created by various tribal or other societies. In their essence, both legislation and customary law are codes of conduct for a given society. Here We will see key Differences between the two. Before we see the difference let's see What is Legislation and Customary Law.  

What is Legislation?

 'Legis' means law and 'latum' means making. Hence, Legislation means the making of law and  'Legislature' is the law-making body.  

- According to Salmond. Legislation is that source of law that consists of the declaration of legal rules by an authority.

- According to Gray, Legislation means the forma utterance of the legislative organs of the socity.

- According to Austin, there can no law without a legislative act.

What is Customary Law?

     Historical Jurist, Savigny considered that customary law is the law which got its content from habits of popular action recognized by courts, or from habits of judicial decision, or from traditional modes of juristic thinking, was merely an expression of the jural ideas of the people conviction of right, its ideas of right and of rightful social control. 

   According to Keeton "Customary laws are those rules of human action, established by usage and regarded as binding by those to whom the rules are applicable, which are adopted by the courts and applied as a source of law because they are generally followed by the whole or by some part of it". 

Difference Between Legislation and Customary Law 

LegislationCustomary Law
Legislation has its source in theory On the other Hand customary law grows out of practice.
The existence of Legislation is essentially de jure Existence of customary law is essentially de facto.
Legislation is the latest development in the Law-making tendency Customary law is the oldest form of law.
Legislation is a mark of an advanced and a mature legal system Absolute reliance on customary law is a mark of primitive society and under-develoed legal system.
Legislation expresses relationship between man and stateCustomary law expresses relationship man and man.
Legislation is precise, complete and easily accessible. Legislation is jus scriptum.But the same cannot be said about customary law.
Legislation is the result of a deliberate positive process. On the Other hand Customary law is the outcome of necessity, utility and imitation.

See Also...

1. Difference between Corporal Property and Incorporeal Property

2. Distinction/Difference Between Easement and Lease

3. Difference between Copyright and Patent

4. Difference between Patent and Trademark

5. Difference between Copyright, Patent and Trademark


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