under the legal rule of conduct implies a custom created by a regular repetition over a long period of time and become as a result of repetition of a stable rule of law.Of course, such a rule have to be sanctioned by the state.Violation of legal custom should not go unpunished, since the order in society can not be created if the people will not accept this as a source of law equal to the others.Caring for the elderly, respect and obedience to the father of the family, the duty to protect their family - these and many other legal practices appeared long before the law.
historical aspect of the issue
Legal custom as a source of law was used in ancient times.It has long been known for the fact that it exists even longer law.Each nation gradually accumulate and improve their legal practices, are creating so-called customary law.
legal custom was the main way to control people in a primitive and tribal system.His offenders while always punished.In some cases, it permitted the expulsion or execution.
At the time of origin of statehood, the legal practice is transformed into a certain standard of conduct, compliance with which ensures a normal life, not only society, but also to the individual.As time permits and prohibitions contained in the legal customs are replaced by rules that can determine subjective responsibilities of each member of society.The first laws were created from the customs.Another non-violent way is not possible because the people at that time would not voluntarily comply contrary to the accepted rules of the customs.
Gradually systematization of legal customs.It should be noted that the legal practice as a form of rights definitively established at a time when the government concluded that there is a need to authorize it.In other words, for the violation of legal custom the person responsible is not just to society and the state, it is no matter how serious was his fault.As an example, a legal practice which concerned the education of children: parents have always been responsible for the fact that their child is well fed and healthy, but over time they began to be responsible for this, not only to themselves, their children and relatives, but also tolaw.
Legal custom and jurisprudence
Some of the leading lawyers of our time believe that the legal custom towers over other sources of law.They explain this by the fact that the legislative and judicial power is guided by precisely the norms that have been formed over the centuries.
legal positivism in the source of law is perceived as something that has outlived its time, as something worthy of attention, but not enough to build it over the laws and other legal acts.
In fact, in our time legal practices are used much less frequently than other sources of law.However, they are absolutely indispensable in those matters that are not able to solve the legislation (gaps in the legislation).
legal practices today
Today they understood very ambiguous.Ordinary - this is a very common than in our time implies legal custom.Ordinary indispensable when making various commercial transactions and small household instruments, as well as in other similar situations.It is nice to simplify our lives, since the people to commit any action does not have to look for the necessary legal acts, seek the help of someone - they simply act as used to do long ago.
Before the revolution of the 17th, all the relations between farmers is regulated legal traditions (common).As an example, how the peasants to perform various transactions, how divided the property between relatives or spouses choose for their children.In Soviet times, the authorities concerned to this source of law is negative, but it is still there.In the modern Russian legal practice is poorly developed, but legislation is referred to it in certain situations (for example, some aspects of the business).
