Consuetudo Legis: Writing Down Customs in the Roman Empire (2nd–5th Century CE) by Soazick Kerneis

“…Of course, it would be presumptuous to transpose our modern categories and to consider laws as impersonal and general rules issued from sovereign powers, and customs as spontaneously generated uses that have been accepted by the social groups concerned. Though Roman jurisconsultes did not deal with the theoretical question of custom, the problem of the relationship between laws and customs did occur in the practice of law. …”
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