Custom
In the years that followed the introduction of the Law of the Twelve Tables, custom {consuetudo) ceased to operate as an autonomous source of law. However, it continued to play a part in the formulation of the norms of positive law as found in the leges, the edicta of the magistrates and the interpretations of the jurists.[622] [623] Thus, a great deal of the forms of action devised by the praetors in order to deal with situations not covered by the existing ius civile reflected customary norms approved and observed by the people for a long time {opinio necessitatis).
The primary duty of the praetor in a legal dispute was to determine whether the title upon which a party based his claim was valid and, in doing so, the praetor was guided by current public opinion and the general sentiment as to what was right and proper in the circumstances. Similar considerations informed the jurists when formulating their responsa.
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