The Influence of Customary Law
size=2 color=black face="Times New Roman">Although the classical jurists did not count custom (usus, consuetudo) among the sources of law,[208] custom continued to play a part as an important basis of the law that applied in the provinces.
The local systems of law, both written and customary, that prevailed in the provinces prior to the Roman conquest remained in force and continued to govern the social and economic life of the provincial communities save insofar as they might prove embarrassing to Roman rule. References to customary law can thus be found in imperial constitutions, as well as in the juridical literature of this period.[209] As far as Roman law proper was concerned, custom continued to exert an influence on both lawmaking and the application of the law through the interpretations of the jurists, who regarded certain long-established norms as so traditional as not to need any specific legal authority.[210] After Roman law became the common law of the empire, following the enactment of the constitutio Antoniniana in ad 212, many of the earlier local laws continued to apply in the form of custom if sanctioned by imperial legislation.
Source:
Mousourakis G.. Roman Law and the Origins of the Civil Law Tradition. Springer,2015. — 339 p.. 2015
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