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The Limits Of Custom In Constitutional And International Law, Michael D. Ramsey
The Limits Of Custom In Constitutional And International Law, Michael D. Ramsey
San Diego Law Review
This Article does not contend that arguments for extension of custom are illegitimate. Instead, it makes two more limited claims. First, there is an important difference between arguments from pure custom and arguments for the extension of custom, with the latter being more properly called common law arguments. Second, the legitimacy of common law arguments in some fields, especially constitutional law and international law, is substantially more problematic than the legitimacy of arguments from pure custom. The Article develops as follows. Part II sets out in greater detail the proposed distinction between arguments from pure custom and arguments for extension …
Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander
Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander
San Diego International Law Journal
Imagine a community living in a defined geographical area. Its members generally believe that their actions should be guided by moral norms, and they generally comply with those norms as they understand them. And, from our external vantage point, we believe that they are indeed subject to moral norms and should comply with them, both in dealing with each other and with those outside their community....