custom
American Heritage Dictionary:
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cus·tom
(kŭs'təm) 
n.
n.
- A practice followed by people of a particular group or region.
- A habitual practice of a person: my custom of reading a little before sleep. See synonyms at habit.
- Law. A common tradition or usage so long established that it has the force or validity of law.
- Habitual patronage, as of a store.
- Habitual customers; patrons.
- customs
- Duties or taxes imposed on imported and, less commonly, exported goods.
- (used with a sing. verb) The governmental agency authorized to collect these duties.
- (used with a sing. verb) The procedure for inspecting goods and baggage entering a country.
- Tribute, service, or rent paid by a feudal tenant to a lord.
- Made to order.
- Specializing in the making or selling of made-to-order goods: a custom tailor.
[Middle English custume, from Old French costume, from Latin cōnsuētūdō, cōnsuētūdin-, from cōnsuētus, past participle of cōnsuēscere, to accustom : com-, intensive pref.; see com- + suēscere, to become accustomed.]
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In law, long-established practice common to many or to a particular place or institution and generally recognized as having the force of law. In England during the Anglo-Saxon period, local customs formed most laws affecting family rights, ownership and inheritance, contracts, and violence between individuals. The Norman conquerors granted the validity of customary law, adapting it to their feudal system. In the 13th and 14th centuries, English law was given statutory authority under the crown, making the customs of the realm England's common law. culture; folklore; myth; taboo.
For more information on custom, visit Britannica.com.
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Usual business or individual practice; habitual tendency followed as a matter of course; traditional policy. An example is for the firm to be closed for business on Sunday.
| Custody, Custodian, Custodial Account | |
| Custom Builder, Customer, Customer Profile |
Roget's Thesaurus:
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custom
noun
- A habitual way of behaving: consuetude, habit, habitude, manner, practice, praxis, usage, usance, use, way, wont. See usual/unusual.
- The commercial transactions of customers with a supplier: business, patronage, trade, traffic. See transactions.
adjective
- Made according to the specifications of the buyer: custom-built, customized, custom-made, made-to-order, tailor-made. See agree/disagree.
Antonyms by Answers.com:
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custom
n
Definition: habit
Antonyms: phenomenon, rarity
n
Definition: habitual action
Antonyms: departure, deviation, difference, divergence, irregularity
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Public health workers consider the customs of people and communities, especially when they try to encourage the acceptance of health promotion and disease prevention programs or policies. Customs are more than aggregates of individual habits. They are regular, patterned, learned, and traditional ways of appearing or behaving in response to a given situation or occasion. Customs may be reflected in language, greetings, communications, religion, and certainly in health practices that distinguish one social group from another. The complexity of the study of customs was emphasized by the anthropologist Ruth Benedict, who noted in the 1930s that traditional customs the world over consist of a mass of detailed behaviors more varied than that which any one person could ever evolve individually.
Customs are derived from social norms, which are those rules or standards that guide, control, or regulate proper and acceptable behavior of a group. These norms define the shared expectations of a group and enable people to anticipate how others will interpret and respond to their words and actions if there is deviation from a custom. For example, if one has an infectious disease, typically the custom within the general community is to act in a manner to prevent infecting others. Failing that, the customary responses from others may range from ignoring the individual's behavior, verbally reprimanding, or even ostracizing him or her for threatening the health of other members.
A custom may exist at the level of a folkway or a more. Each of these concepts help demarcate the strength and importance of a custom held by a particular group relevant to a particular situation. The concept of folkways was developed by the American sociologist William Graham Sumner and his followers in the early 1900s. "The ways of the folk" arose and persisted over time as repetitive and accumulative patterns of expected behavior for responding to similar social situations or individual needs. They ultimately became incorporated into tradition and received some degree of formal recognition but were not considered of moral significance. Folkways may be reflected in the everyday habits and conventions people obey without giving much thought to the matter, for example, eating three meals a day, drinking alcohol but not to a state of drunkenness, or using the group's "right way" to cure disease. People who violate folkways may be labeled eccentrics and as a rule they are tolerated by the group.
When certain folkways become well established and are regarded by general agreement as highly important and obligatory, as evidenced by strong sentiments against deviation and by severe punishment for violation, they become mores. Mores are customs that represent the absolute truth to the particular group and are the norms people consider vital to their well being and to their most cherished values. They typically take the form of laws, for example, prohibitions against incest, drunk driving, and child abuse. In contrast to folkways, violations of mores by people or groups can provoke intense reactions ranging from being ostracized, beaten, jailed, exiled, or executed.
From the moment of birth, the customs into which the people are born shape their experiences and behavior. In many groups, health-related behavior may be custom bound and very normative—tradition sets the precedent and solves problems, whether by authority or by consensus. Individuals are required to learn about the specific customs that shape their health behavior and to perform what they have learned. In reality, however, by the time children can think independently, the health-related customs of the family group have become an intimate part of their personalities. They do not question these customs, which become deeply held and extremely difficult to change over time. For example, the manner of tobacco, alcohol, and drug use in some groups and communities have become customs or norms, even though such use carries major health risks. Any attempts to eliminate or modify or reverse behaviors so integrally tied to social customs often provokes hostile resistance to a new health program that intends to reduce health-related risks. Also, in many groups the custom is not to talk about certain sensitive topics, such as cancer or the sexual activities of adults or teenagers relevant to preventing pregnancy. For instance, in a particular ethnic group, the custom of its members may be to shun any discussion of cancer. The effect of this custom discourages individuals from initiating early screening behaviors that could save their lives.
Sometimes it is necessary to try to change or circumvent established customs in a community, particularly when this can bring modern health procedures for reducing particular health-related risks. Changing folkways and mores can be a very slow process, and it is not until their functional utility has disappeared that they may gradually change. New practices may then become embedded in the community as new values to be transmitted from one generation to the next. This requires public health workers to gradually adapt the customs and values of a community rather than trying to abruptly and totally change them.
(SEE ALSO: Acculturation; Assimilation; Benefits, Ethics, and Risks; Cultural Norms; Ethics of Public Health; Ethnicity and Health; Immigrants, Immigration)
Bibliography
Benedict, R. (1935). Patterns of Culture. Boston: Houghton Mifflin.
Huff, R. M., and Kline, M. V., eds. (1999). Promoting Health in Multicultural Populations. Thousands Oaks, CA: Sage Publications.
Kroeber, A. L. (1948). Anthropology. New York: Harcourt, Brace.
Sumner, W. G. (1906). Folkways. Boston: Ginn.
— MICHAEL V. KLINE
Encyclopedia of Judaism:
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Custom
(Heb. minhag). A religious practice followed out of a spontaneous desire of the people rather than a specific biblical or rabbinic injunction. It invariably refers to a practice adopted only in a particular community or region and is therefore known as minhag ha-makom ("local custom"). The sages of the Mishnah laid great stress on the obligation to comply with local custom (cf. Suk. 3:11, Ket. 6:4, BM 7:1), stating that "one should not deviate from the custom of the place in which one finds oneself in order to avoid controversy. Hence a person traveling from one place to another must observe the strictures of both his home town and the place he is visiting" (Pes. 4:1). Nor should one follow in one's home town a ritual that is practiced only in another locality (BB 100b). Differences in custom usually arose when there was a dispute among the halakhic authorities as to whether a certain practice was or was not prohibited, one community deciding to follow the strict opinion and another the more lenient one. Thus, the Mishnah lists a series of practices that were banned in one place but not in another, a situation to which the general rule applies.
Basically, the sages were opposed to communal disunity, some following one practice and others another. In case of doubt, the prevalent custom was to be followed (TJ Pe'ah 7:5). However, the many disputes among the sages made variations in custom inevitable, and they therefore warned against separatist tendencies. As the rabbis pointed out, Bet Shammai and Bet Hillel had differed over fundamental issues, yet "they did not hesitate to intermarry---an indication that there was affection and friendship among them" (Yev. 13b-14b).
In the course of time, differences in ritual and observance arose between Palestinian and Babylonian Jewries, and in Babylonia itself between the two geonic Academies of Sura and Pumbedita. Later still, more differences emerged between Ashkenazim and Sephardim, most of these being codified in the Shulḥan Arukh. Several originated in a ban pronounced by local (Ashkenazi) authorities, e.g., against Polygamy or the consuming of legumes on Passover (see Gezerah; Takkanah). Differences also arose with regard to the "minhag" observed by Ashkenazim and Sephardi-Oriental Jews in matters of prayer rite (see Nusaḥ). Such variations in custom were further accentuated in time as a result of the new practices introduced by Isaac Luria (16th cent.) and, from the mid-18th century, by ḥasidism.
Some distinctive practices are attributable to the Gentile environment in which Jews lived, since they did not remain immune to the customs or life style of their non-Jewish neighbors. (For religiously objectionable customs, see ḥukkat Ha-Goy.) This is evident from peculiarities of dress which Jews adopted and then endowed with religious significance. Thus, the ge'onim ruled that one should wrap oneself in one's Tallit (prayer shawl) "as the Ishmaelites [Arabs] do" (Tur, Oraḥ Ḥayyim 8). Ḥasidic Jews, on Sabbaths and festivals, likewise wear the Polish-style fur hat known as a shtraymel. Additional evidence is provided by the many different minhagim followed by various Jewish communities at wedding ceremonies. Even the use of a ring for the act of Betrothal was not originally a Jewish custom: it is not once mentioned by such an outstanding legal authority as Maimonides (12th cent.), yet was considered normative by the 16th-century codifier Moses ISSERLES. Significantly, too, numerous
At the same time, many practices dating back to the talmudic era, though no longer appropriate today , have been retained because of a general reluctance to abandon time-honored custom. The
A noticeable tendency has been for some local custom to spread to neighboring communities and eventually to be followed by more and more segments of the Jewish people. Where originally, in talmudic times, not every community accepted the rabbinic ban against eating fowl with milk (Shab. 130a), today it is observed universally. However, the period of time that must elapse after eating meat before one may eat dairy products varies to this day (from one to six hours); it is all a matter of local custom (cf. Ḥul. 105a).
The force of local custom is such that it is carried over from one generation to another; even if the situation is no longer the same, children have to observe "the custom of their fathers." A prominent example of this ruling is the observance of a
Custom becomes established law when it receives the sanction of the local rabbi or spiritual leader and he includes it in a code of Jewish law written for public guidance. Typical of such codifications is the Sefer Minhagé Maharil, recording the customs observed by Jacob
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A pattern or habit of action. A custom may exist without any specific basis in reason, but can itself form the basis for rational action, if the custom gives rise to a norm of action. See convention.
Any established pattern of behaviour within a community or society. A custom is an accepted rule of behaviour that is informally regulated. Shaking hands with the umpire is the custom after a tennis match.
Columbia Encyclopedia:
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custom
custom, habitual group pattern of behavior that is transmitted from one generation to another and is not biologically determined. Since societies are perpetually changing, no matter how slowly, all customs are basically impermanent. If short-lived, they are more properly called fashions. Customs form the core of human culture and are stronger and more persistent in preindustrial societies than in industrial ones, in rural than in urban areas. When formalized in the social or religious sphere it leads to ethics, and when enforced in the sphere of rights and duties, custom leads to law. See folkways; mores.
Word Tutor:
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custom
IN BRIEF: A usual thing to do. Also: made especially for someone.
No written law has ever been more binding than unwritten custom supported by popular opinion.
— Carrie Chapman Catt (1859-1947).
Tutor's tip: It is the "custom" (the usual way of doing things) to wear a "costume" (special clothing worn in a play or masquerade) to this kind of party.
LearnThatWord.com is a free vocabulary and spelling program where you only pay for results!
Quotes About:
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Custom
Quotes:
"People usually think according to their inclinations, speak according to their learning and ingrained opinions, but generally act according to custom."
- Francis Bacon
"Custom reconciles us to everything."
- Edmund Burke
"Custom, that unwritten law, By which the people keep even kings in awe."
- Charles Davenport
"Of course poets have morals and manners of their own, and custom is no argument with them."
- Thomas Hardy
"Without the aid of prejudice and custom, I should not be able to find my way across the room."
- William Hazlitt
"Customs form us all, our thoughts, our morals, our most fixed beliefs; are consequences of our place of birth."
- Aaron Hill
See more famous quotes about Custom
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A government organization responsible for levying taxes against imported and exported items that exceed duty-free allowances. Customs staff is required to be available at every international airport.
Random House Word Menu:
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categories related to 'custom'
- Attitudes and Behavior - custom: traditional social convention enforced by general disapproval of its violation
See crossword solutions for the clue Wikipedia on Answers.com:
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Custom (law)
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This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. (January 2008) |
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It has been suggested that Consuetudinary be merged into this article or section. (Discuss) Proposed since April 2010. |
Custom in law is the established pattern of behavior that can be objectively verified within a particular social setting. A claim can be carried out in defense of "what has always been done and accepted by law." Customary law exists where:
- a certain legal practice is observed and
- the relevant actors consider it to be law (opinio juris).
Related is the idea of prescription; a right enjoyed through long custom rather than positive law.
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Contents
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Customary law and codification
The modern codification of civil law developed from the tradition of medieval customaries, collections of customary law that developed in particular communities, slowly gathered, and later written down by local jurists. Customaries acquired the force of law when they became the undisputed rule by which certain rights, entitlements, and obligations were regulated between members of a community.[1] The Coutume de Paris - a major collection of the laws of the city of Paris - is an example.
International law
Main article: customary international law
In international law, customary law refers to the Law of Nations or the legal norms that have developed through the customary exchanges between states over time, whether based on diplomacy or aggression. Essentially, legal obligations are believed to arise between states to carry out their affairs consistently with past accepted conduct. These customs can also change based on the acceptance or rejection by states of particular acts. Some principles of customary law have achieved the force of peremptory norms, which cannot be violated or altered except by a norm of comparable strength. These norms are said to gain their strength from universal acceptance, such as the prohibitions against genocide and slavery. Customary international law can be distinguished from treaty law, which consists of explicit agreements between nations to assume obligations. However, many treaties are attempts to codify pre-existing customary law.
Customary law within contemporary legal systems
Customary law is a recognized source of law within jurisdictions of the civil law tradition, inferior to both statutes and regulations. In addressing custom as a source of law within the civil law tradition, John Henry Merryman notes that, though the attention it is given in scholarly works is great, its importance is "slight and decreasing."[2]
In Canada, customary aboriginal law has a constitutional foundation[3] and for this reason has increasing influence.[4]
In the Scandinavian countries customary law continues to exist and has great influence. Customary law is also used in some Third World countries, such as those in Africa, usually used alongside common or civil law.[5] For example in Ethiopia, despite the adoption of legal codes based on civil law in the 1950s according to Dolores Donovan and Getachew Assefa there are more than 60 systems of customary law currently in force, "some of them operating quite independently of the formal state legal system." They offer two reasons for the relative autonomy of these customary law systems: one is that the Ethiopian government lacks sufficient resources to enforce its legal system to every corner of Ethiopia; the other is that the Ethiopian government has made a commitment to preserve these customary systems within its boundaries.[6]
In 1995, President of Kyrgyzstan Askar Akaev announced a decree to revitalize the aqsaqal courts of village elders. The courts would have jurisdiction over property, torts and family law.[7] The aqsaqal courts were eventually included under Article 92 of the Kyrgyz constitution. As of 2006, there were approximately 1,000 aqsaqal courts throughout Kyrgyzstan, including in the capital of Bishkek.[8] Akaev linked the development of these courts to the rekindling of Kyrgyz national identity. In a 2005 speech, he connected the courts back to the country's nomadic past and extolled how the courts expressed the Kyrgyz ability of self-governance.[9] Similar aqsaqal courts exist, with varying levels of legal formality, in other countries of Central Asia.
The Somali people in the Horn of Africa follow a customary law system referred to as Xeer. It survives to a significant degree everywhere,[10] including the Somali communities in the Ogaden.[11] Economist Peter Leeson attributes the increase in economic activity since the fall of the Siad Barre administration to the security in life, liberty and property provided by Xeer in large parts of Somalia.[12] The late Dutch attorney Michael van Notten also draws upon his experience as a legal expert in his comprehensive study on Xeer, The Law of the Somalis: A Stable Foundation for Economic Development in the Horn of Africa (2005).[13]
Custom in torts
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This section may be confusing or unclear to readers. Please help clarify the section; suggestions may be found on the talk page. (November 2008) |
Custom is used in tort law to help determine negligence. Following or disregarding a custom is not determinative of negligence, but instead is an indication of possible best practices or alternatives to a particular action. The case R v. Boomsdale defines this principle with the courts ruling that Mr Boomsdale customary practice was not sufficient to be deemed an act of negligence
Custom law in India
In India many customs are accepted by law. For example, Hindu marriage ceremonies are recognised by the Hindu Marriage Act.
Customary legal systems
- Adat (Malays of Nusantara)
- Anglo-Saxon law (England)
- Aqsaqal (Central Asia)
- Coutume (France)
- Customary law (Australia)
- Early Germanic law
- Early Irish law (Ireland)
- Laws of the Brets and Scots (Scotland)
- Medieval Scandinavian laws
- Pashtunwali and Jirga (Pashtuns of Pakistan and Afghanistan)
- Smriti and Ācāra (India)
- Customary law (South Africa)
- Urf (Arab world/Islamic law)
- Welsh Law (Wales)
- Xeer (Somalia)
See also
- Customary International Humanitarian Law
- Civil law (legal system)
- Common law
- Consuetudinary
- Legal systems of the world
- Rule According to Higher Law
- Rule of law
- Time immemorial, has a specific meaning in English Law
Notes
- ^ In R. v Secretary of State For Foreign and Commonwealth Affairs, [1982] 2 All E.R. 118, Lord Denning said "These customary laws are not written down. They are handed down by tradition from one generation to another. Yet beyond doubt they are well established and have the force of law within the community."
- ^ John Henry Merryman, The Civil Law Tradition, p. 23 (2d Ed. 1985)
- ^ "Constitution Act, 1982, s. 35(1)". http://laws.justice.gc.ca/en/const/annex_e.html. Retrieved 29 July 2008.
- ^ Slattery, Brian. Generic and Specific Aboriginal Rights. p. 6. http://www.law.uvic.ca/calder/Papers/Brian%20Slattery.pdf. Retrieved 21 August 2008. and Foster, Hamar; Heather Raven and Jeremy Webber (eds.) (2007). Let Right Be Done: Aboriginal title, the Calder Case, and the Future of Indigenous Rights. 18 No. 7 (July, 2008). Vancouver: UBC Press. pp. 574–578. http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/foster0708.htm. Retrieved 11 September 2010.
- ^ "JuryGlobe". University of Ottawa. http://www.droitcivil.uottawa.ca/world-legal-systems/eng-tableau.php#g. Retrieved 11 September 2010.
- ^ Dolores A. Donovan and Getachew Assefa, "Homicide in Ethiopia: Human Rights, Federalism, and Legal Pluralism," American Journal of Comparative Law, 51 (2003), p. 505
- ^ Judith Beyer, Kyrgyz Aksakal Courts: Pluralistic Accounts of History, 53 J. OF L. PLURALISM 144 (2006)
- ^ Judith Beyer, Kyrgyz Aksakal Courts: Pluralistic Accounts of History, 53 J. OF L. PLURALISM 144 (2006)
- ^ Former President Akaev, quoted in Beyer, Kyrgyz Aksakal Courts
- ^ Spencer Heath MacCallum (12 September 2007). "The Rule of Law without the State". Ludwig von Mises Institute. http://mises.org/story/2701. Retrieved 11 September 2010.
- ^ "Grassroots Conflict Assessment Of the Somali Region, Ethiopia". CHF International. August 2006. http://www.chfhq.org/files/3707_file_Somali_Region_Assessment_8.4.06.pdf. Retrieved 11 September 2010.
- ^ "Better off stateless". http://www.peterleeson.com/Better_Off_Stateless.pdf. Retrieved 11 September 2010.
- ^ Van Notten, Michael. 2005. The Law of the Somalis: A Stable Foundation for Economic and Social Development in the Horn of Africa, Trenton NJ: Red Sea Press.
External links
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
Translations:
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Custom
Dansk (Danish)
n. - kutyme, vane, stamkunder, toldvæsen, toldstation, hævd
adj. - lavet på bestilling, syet efter mål, som syr efter mål
idioms:
- custom house toldbygning, toldkammer
- custom made specialfremstillet, skræddersyet
- Customs and Excise Told og Skat
- customs house toldkammer
- customs union toldunion
Nederlands (Dutch)
gewoonte, zede, klandizie, (mv) douaneheffing/ -dienst, gebruik
Français (French)
n. - coutume, usage, habitude, (Comm) clientèle, (Jur) coutume
adj. - personnalisé
idioms:
- custom house poste/bureaux de douane
- custom made personnalisé
- Customs and Excise (GB) douanes
- customs house poste/bureaux de douane
- customs union union douanière
Deutsch (German)
n. - Brauch, Sitte, Kunden, Zoll
adj. - bestellt, auf Bestellung arbeitend, spezialgefertigt
idioms:
- custom house Zollamt
- custom made nach Maß (angefertigt)
- Customs and Excise Zölle und Verbrauchsteuern
- customs house Zollamt
- customs union Zollunion
Ελληνική (Greek)
n. - έθιμο, (πατροπαράδοτη) συνήθεια, προσωπική συνήθεια, πελατεία, (πληθ.) τελωνείο, (επίθ.) κατ' επιλογήν του πελάτη, επί παραγγελία
idioms:
- custom house τελωνείο
- custom made κατασκευασμένος επί μέτρω/παραγγελία
- Customs and Excise (Βρετ.) υπηρεσία είσπραξης και διαχείρισης των έμμεσων φόρων
- customs house τελωνείο
- customs union (οικον.) τελωνειακή ένωση
Italiano (Italian)
dogana, uso, usi, usanza, costume, consuetudine, abitudine, clientela
idioms:
- custom/s house ufficio dogana
- Customs and Excise il fisco
- customs union tariffe comuni interstatali
Português (Portuguese)
n. - costume (m)
idioms:
- custom made feito sob encomenda
- custom(s) house alfândega (f)
- Customs and Excise taxas (f pl) ou impostos (m pl) alfandegários e de consumo
- customs union acordo (m) aduaneiro entre vários países
Русский (Russian)
обычай, привычка, клиентура
idioms:
- custom made изготовленный на заказ
- custom(s) house таможня
- Customs and Excise британская таможня
- customs union таможенный союз
Español (Spanish)
n. - costumbre, usanza, uso, hábito, clientela
adj. - derechos de aduana, a medida, de medida
idioms:
- custom house aduana, oficina fronteriza o portuaria
- custom made hecho a la medida, confección de medida
- Customs and Excise departamento de administración de aranceles aduaneros
- customs house aduana, oficina fronteriza o portuaria
- customs union unión aduanera
Svenska (Swedish)
n. - sedvänja, skick o bruk, kutym, gammal hävd (jur.), kundkrets
中文（简体）(Chinese (Simplified))
习惯, 海关, 风俗, 订做的, 订制的
idioms:
- custom house 海关
- custom made 定做的
- Customs and Excise 关税和消费税
- customs house 海关
- customs union 关税同盟
中文（繁體）(Chinese (Traditional))
n. - 習慣, 海關, 風俗
adj. - 訂做的, 訂製的
idioms:
- custom house 海關
- custom made 定做的
- Customs and Excise 關稅和消費稅
- customs house 海關
- customs union 關稅同盟
한국어 (Korean)
n. - 습관, 관습법, 관세
adj. - 주문의, 세관의
日本語 (Japanese)
n. - 慣習, 習慣, 関税, 愛顧, お得意先, 税関, 通関手続, 顧客
adj. - あつらえの, 注文で作る
idioms:
- custom made オーダーメードの
- custom(s) house 関税
العربيه (Arabic)
(الاسم) عادة, تقليد, عرف, تعامل طويل مع متجر
עברית (Hebrew)
n. - מנהג, הרגל, נוהג, לקוח קבוע, קנייה קבועה, מכס
adj. - עשוי לפי הזמנה
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The Columbia Electronic Encyclopedia, Sixth Edition Copyright © 2012, Columbia University Press. Licensed from Columbia University Press. All rights reserved. www.cc.columbia.edu/cu/cup/.
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