Custom Law Challenges Top-Down Legal Assumptions, Empowering Communities
The article discusses whether public rules can be created or changed by custom, which are unofficial legal rules not made by a legislature or court. It explores how modern legal education often focuses on laws from statutes or court decisions, overlooking the role of custom in shaping legal rules. Public law, which governs state-dictated legal relations, is contrasted with private law, which deals with individual interactions like contracts and property. The boundaries between public and private law are becoming less clear as government actions increasingly influence private relationships.