re and contrast Legislation with Bee legislation? Di - pefine legislation? Discuss its vari. efine legislation and discuss ent > interpretation. J, define Legislation. How it is superior to the Precedent a8 a source (2019-a) (2017-8) various principles of (2017-A, 2014-a) Precedent? “Legislation” is derived from Latin word “Legis” means “Law” and“Latum” put or set” hence. legislation means the maki \g oF the setting of law. MEANING OF LEGISLATIO i Legislation means, “To exercise the power and fi a cing on those for whom they Co and function oF making laws and other DEFINITIONS OF LEGISLATION ‘Salmond’s Definition: “Legislation is that source of law which consists in the a by apetent authority.” Austin’s Definiti “There can be no law without a legislative act.” ORMS OF LEGISLATION: -declaration of legal rules Framing of laws by the legislature is direct legislation. For example colonial legislation is a type of direct legislation. ‘ ao Indirect Legislation: When legal principles are declared by some other sources to which law making power is confided by legislature, is known as indirect legislation. For example, forms-of subordinate legislation except colonial legislation are examples of direct legislation. OF LEGISLATION/SALMOND'S CLASSIFICATION: - preme Legislation: ‘ : Sub-ordinate Legislation:v MERITS/ADVANTAGES OF LEGISLATION: Legislation enjoys a reat superiorit 5 due to the following oe eae ao 6 Supreme Legistation: power i Teaelation which proceeds from fh supreme oF ny miner regilatve can * china, USA. ‘British parliament ay ig supreme legislation. It Cl a ymbly of Paki stan, ongress ic embly of Pakistan, Fer tecause mere eat extemal restraint op, National asst making ‘gub-ordinate Legislation: 7 ig that legisiation swnich proceeds rom Oy Suthorty i ent for its continued existence ay y i Trade BY SUb-Ordinay Subordinate legislation - ‘and Is dependent ig i aa jelegated to its as i other than sovereign P* nd I eho they on some superiot OF SSF wit se tive authorit in the pow’ ¥ Bioct to or legisling a sanctioning in te Poy a supeniot legislate thus, sub-ordinate legislative: Suthority is inferior’ to sovereign exerting Gelegated power 10 make For example: Legistation of the im \ parliament in England fe © wpreme, but all othe eae of legislative action | Papgnized by the [aw of S Stfand, are sub-ordinate legislation. | fia) Kinds ofS ordinate Legisiation: ; | Fotlowipg’are the five Kinds of sub-ordinate legisiation (Colonial Legisiatior” The powers of self-government entrusted , the colonies and other Gopendencies of the Crown £0 subject oieral legislature which may repeal, superse” IF Judicial Legislation: In certail been given to the Judiciary for the regulation of their ‘a true form of legislation although it'can not crea. procedure. It is en laws by way of precedents. al authorities are also allo (iii) Municipal Legistation: Municipé make by laws for limited purposes for the area under administration. the For example, wap! (iv) Autonomous Legislati person like railway companies, limites to make by laws which are recognized al under the force of some statute. For example, Railway Company may make by laws for ulation of it’s under standing. Like wise a university may S éetatutes for the government of its members. a Executive / Delegated Legislation: Such laws as tive. B are mi executive in order to conduct the administrative Se ear he are called executive or delegated legislation. ‘or example, Health departments, Educati to make laws for internal affairs. : itt Sa e control of th alter any colonial enactment. 1 cases, legislative POWeTS have alg, (ii) A, Hotels & restaurants etc, times the state allows pri d companies, universities, mid enforced by law cou DA, WASA, LD: jon: Somel (v) ver other methods of i rits/ advantages of legislation’ legal ovaPt by Sups ied 0 n is imposed Leo eee ourt nn OP Courts by legislature. It cannot be repealed except by it gives Statues: wo) islation creates stat, Leveret to precedent. “'° '@ and it is easy to interpret a statute than to uo-“eis Constitutive and Abrogativ: ' is Leg) Re ettoctve inewenerapatve. It is only a source of new law but ing Efficiency in System: ishing the existing law. iglation is based on the princi ; esa the advantages of eter ee of division of labor and consequently Formaland Express Declaration of new Rules: Legisiation is formal and expresses the declaration of new rules by legislature ww Bt at ri Satistos the Feuer of Natural Justice: fation satisfies the requirement of natural jussice that laws shall be known = Le fore they are enforced. Rules for Future Litigation: (ene ion can be way of anticipation make rules for future litigation that have Legist origin yet. vi Reduces Vagueness in Law: is expressed clear and unambiguous in general and LegiSlation prehensive form. Thus it reduces vagueness in law. (oo clear Brief & Accessible: : | statue law is clear, brief and easily accessible and known able as the rules are logically arranged so. they can be easily discovered. It is sai “coil realm ready for immediate use.” ‘said to be the “coin of Generally Prospective: Legislation is generally prospective. Legislative is notrestricted: ulating a new rule or in applying a rule new or old, the judge is bound by ‘and precedent. While no such restriction is imposed on the legislature en it makes the law. It brings uniformity in Territory: Legislation expresses a relationship between man and state so it brings uniformity in territory. (xiii) It enables Planned Development: ‘Aim of law is the progress and protection of society and individual. For future planned progress, legislation is necessary. (xiv) More Authorative: Statute law is embodied in an authorative form of written words and this literary expression is an essential part of law itself. (xi) In fo!For Tre PARTE STUDENT, 5 (xv Certain Definitions are given: . a 1 Legislation is the result of a deliberate process S° clear iOS arg given init which creates certainty. (xvi) Power of Self-Criticism & Self Revision: Haunt to b 7 There may be omission which has to be made good Oe time for re settle or E ‘a defect cured. All this may be ettied by legislature 1 tan repeal Possessey | rd powers of self-criticism and self revision, Legisiatt ay Whey ft enacted yesterday / DEMERITS/DISADVANTAGES OF LEGISLATION: (W/ Supfect to Bias and Partiallly’ A Zions and are liable to. mak jays politicians are swa) ed by popular passio! make b faws, Thus cians jon may be biased and partial aq (i) 7 Stafutes are not Exhaustive: statutes are brief; they do not COVeT all the required aspects of a case. (iil Lacks Retroactive Effect: { © Legislation Jacks retroactive effect as it Is prospective in nature SO the teq,, 1 results of acts already done cannot be altered. (iv) Numerous and Complicate Statute a Moder statutes are so numerous and se complicated that an ordinary laym, p E petition litie idea of his legal duties unt he has broken them ay Oo i (v) EveryStatute is not Self-Sufficient: 2 Somfé times the statutes are so drafted 2% to simplify the law but ug faborate editing with copious referenioes to taal 5 ortant statutes require e! fe soon as:they are enacted Rigid: Statute law suffers for law and are not allowe (vil) Upsets the Settled Expectations: Where statutes are not made retros expectations. 8. CONCLUSION: To conclude that legislation is more powerful and most recent si tense it includes all methods of law making: S According to Dicey: Bae is necessary instrument for the growth and reformation of law.” erefore, it is final stage in the develo, i i : ne s > pment of law-making expedients. i fer of aan ‘or enacting a positive law in written form, according to a procedure, by a branch of government constituted to perform this process. ‘ (vi) rm the defect of rigidity. Courts are bound by the let, q .d to ignore the same. pective, their passing any Upset the sete urce oflaw. InDiscuss in detail the y authority of a Precedent umstances: that tend to increase the ly ais those that decrease its authority. 19-A 8 year, 2018-A, 2014-A, 2015-A) recedent: ‘year, ” " 8 a y Deaeaaenty Bere RIDE i neciccti, ciusciqvation cy (2010-8) (2010-A) (b) Ratio Decidendi (c) Obiter dicta INTRODUCTION: Maid eat ae a bona Source of law they have enjoyed high authority at all mes and in which contains it coqeo se 2 Precedent means a Previous decision. A judicial jent is one whic nority. seit & Principle of law. A judicial preesdent ta legal s, Precedent means, “Authorities or decision of. Superior courts to be followed. DEFINITION OF PRECEDENT: (i) According to'Black’s Law Dictionaty: “An adjudged case or decision of a court of. Justice considered as fumishing a - tule or authority for the determination of an identical or similar case after wards arising or a similar question of law.” (iy According to Prof. Austin: . /He asserts that “Precedent is a judicial law or judiciary law.” aya According to Prof. Salmond: “He remarks that precedents are Judicial decisions by the courts followed in subsequent like cases.” DIFFERENCE BETWEEN PRECEDENT & JUDGMENT: - Judgment means every final order of the court, while precedent means the decision in which principle of law or some new law is made or interpreted so all the precedent ments but all the judgment are not précedents. CONCEPT AND NATURE OF PRECEDENT: is i judicial cedent is purely constructive and in no degree abrogative. It means that ju Wee a law but can not alter it. Where there is a settled rule of law. Itis the duty ies to follow it aFOR LLB PAR’ Always i is made and set by competent juaicial autores Phas = of superior courts can make precedents so When © wuperior court eT These decisions 4 m je It is called a precedent, case |a\ judge made Ia" a binding on subordinate court. 7 sa new ru 6. THEORIES OF PRECEDENTS: \ (Declaration Theory of Precedents: Judges do not make law but they merely deciare law. More th area a Seeision it does not propound 2 new rule but only Se, law was never law. According to Black Stone: e; He observed that a judge i§ sworn to determine not aooreng to his it ronounce a nm lal us eon Mus dat judges are law finders rather than law makers. (i) Theory that Judges are Law-Makers: ) According to Salmond: i ke law as He says that we must admit openly that precedents make Ie Well Naeael it original precedents are the outcome of the intentional exerg, privilege of developing law at the same time tha e s wages (a by the courts of their they administer it. Lord Denning: (b)“ According to that the law is un i He has said that tru! situations that may certain. It does not cover ally, | 1¢ Time and again practitioners and judges are faced with new situations where decision may go either way. No one can tell what the aw is until the courts decides it, judges do every day make law. The truth is Mecognized then we may hope to escape the dead hand of the past and consciously mould new principles to meet the needs of present. Ms 2: . 7.._/ PRECEDENT AS A SOURCE OF LAW: When judicial precedent speaks with authority the émbodied principle building for future cases and it thus becomes a source of law. « ple econ According to Black Stone: “He has pointed out that it is an established rule to abide by the former precedg where the same points come again in litigation.” Y rg Therefore, authoritative precedents are a | i . ore, C legal source of law, in so for a foding on fe judges. And persuasive precedents are a historical source of law, in eu bys mon ly a persuasive or guiding efficacy and thus provide a historical basis on whi y uilt by the judge if he favourably include to that precedent and accepts it. : Although each original precedent so to say lai i y laid a new pill r ‘velopment and growth of the common law of England Each eeeBNOLISH JURISPRUDENCE nd further strengthened eagy ar Nn original Precedent. Thereby making law certain and Indeed the rule bt Breeden i ‘Making the law is great ARE DECISION: s' also called doctrine of sta, re precedent n binding as an Buthority upon gcse Jessel MR stat 3 0 led “the only thing 'ded.” Under the ‘stare 2, Subse the principle upon ase was dec " of law. which has i ts and should be cy quent judges is fule a principle \ding on the cou lency and public poli stare re by a series of decisions in t27® decisis wg setles cases. This rule is based on expel bin alte OE R ing to. Salmon % accord! dent is a judicial decision which i Contains in itself a principle. Under tying apie which thus forms its authontascn element is often termed the ad pagendl.” oO gia) ratio decidendi has possible th x Tne ©? ee meaning; Firstly its Trans ratio is “the reas, ‘on for deciding.” Even a find of fact (2) this sense by the ratio decidendi % a —- this 'w Preferred by the judge as the basis of his (©) Gecision or Thirdly it may man the rule of law which others regard as being of binding (© guthority. . giTER DICTUM/DICTA: 0/9 ging to Dr. Good Hart: Accor’ s “obiter dicta as a conclusion based on a fact the existence of which has ie define’ termined by the court." 12 ey said by the court by th ay oF the statements of law allthat is particular case and which lay down a tule that is unnecessary or pene ee etl and erores aes dicta. Th uit the a RDING TO THE NATURE OF THE RULE LAY DOWN: cc} 3 E Declaratory Precedents: ‘ ) cedent that is merely the application of an already existing legal rule is A pret called declaratory precedent. (ii) Original Precedent: i jinal recedent that creates and applies a new legal rule is called orig API precedent. ith exactly th declaratory and original precedents are good source of law with exactly a i same legal authority.yor LEB PARTI STUDENy, 16 (8) ACCORDING TO TH! ny THEM ON THE COURSE oy ss FUTURE DECISION (i) Authoritative Precedents: must follow whether i Authorative precedents are those which judge aurrove i or not, These are the lade) nsurces of 1am and establishes ‘att pursuance of definite sonfers UPON oe fect. n For example, the decisions of the high courts os MC UpeN ENC a the subordinate courts ar the decisions OI re Court Sil other subordinate courts ay authoritative precedents of he high (i) Persuasive Precedents: those which the judg Persuasive Precedents are follow but which they will take into consideration them to deserve: great weight as it seems 10 For example, if the case WE Tjecided in a neighboring jurisdiction, the might evaluate the earlier was fs reasoning with out Being bound to the way (c, ACCORDING T' THE NATURE ©) AUTHORATIVE PRECEDENT: (i) Precedents of Absolute Authority: These are those which are absolutely binding however unreasonaty erroneous they may appear to be, le For example, precedents of super Juthonity for the subordinate courts ; (li) Precedents of Conditional Authority: ding but not absolutely For example, a decision of a single judge of high court is only a cong rethontative precedent for a judge of the same O° another high court 22. CIRCUMSTAI ELEMENTS WHICH ENHANCE/ INCREASE BINDING FORCE OF PRECEDENTS: The following circumstances that enhance the binding force of precedents. (i) Unanimity Decision: If the decision of the court is unanimity, it will reflect more stre! : ngth of it and the value of that decision will increase unanimity of ene judges adds to the binding force of precedents. For example, Benzir Bhutto vis Federation of Pakist ne i an, in th * judges declared that election would be held under political para _ Pakistan. (ii) Affirmation by Superior Courts: ‘ Affirmation or approval of that deci i \ffirn sion by a supreme binding force of that precedent and adds to its validity coun es-are under no obligat ‘and to which they will ae ty fay = fF THEIR AUTHORITY OR KINDS GI or courts are precedents of abs These are those which are bin‘w wi) (wi) vill (ix) (”) (xi) (xii) (xl) EE ENGLISH JURISPRUDENG Deci Danie” Jenancas, (ener Gecision of those judges wog, support of Enacted Law: t the time of decision if jug, recedent 9aiNS and adding 4.de® © Mbodied Bete of an enacedtaw ts ptt Se hen de maa ace te ‘UMed that tk le law codified in confirmed Decision: he precedent is a pertect law. a ty as i Aids to the value of preced in case of rey adte than a controversial deciic eo™ /etsal on some different law, Decisions made on Learned Arcuments: pecisions which are made on learned in argume scholarly angles, increase / enhance the semo's 894 reason le value of pre ing and possess cedent. approval of Superior Courts Earlier Decisions, Absence of Hesitation and Criticism: irthe decision is followed by other courts, wit {15 sna arden etn an cts . en approval of same Rank courts earlier decision: when a decision is followed by a court of byt itincreases/enhances the binding force of precesen nee aPPrOved appreciation by People: when there is a positive reaction of people on som : healthy appreciation from the people of country a peer receives force of that precedent enhancesjincreases. maipeoutelbincing original Precedents: When a precedent is made in confirmation of a statute law which is i i if ich is in accordance with the statute and its provision that precedent will be bindi courts and increases / adds to its validity. u Soe cial Eminence of Lawyers: Eminence, skill and good name of lawyers is also an’ important force increasing/enhancing the binding force (value) of a precedent. Fully Contested: When gases are fully contested and each and every point in thoroughly discussed, then the precedent made on such grounds have more force and increase (heir binding force.148 f13. ses / adds to the author of decision ya long period and is followed UNObstrych eres and itis presumed to be ‘aah r oy me Lapse of ti a recedent is not contested Dre ete its binding force ‘enhances/incre: (xv) Number of Judges: ae ‘eclaring @ decision Slee adds to the bindin 7 Numoes et precede ay py @ full bench of judges Is coné\deted Ca S precedent set bY 2 ‘single benc! bet, ws (xvi) Frequently followed: When a precedent IS frequentiy followed PY other courts (lower 4 binding force ‘rereases/ennances uy, (xvii) Fully Argued Decision: ; _ While deciding it, jud When a case is fully argued by both parties: siding it, judge hy Mim poth their opinions: It © y beimed that the decision ls notlone as ; pied on justice and eauily a5 both parties were GIVE full opportuni? iustification A decision of such cases which is fully argued increases/e, to IMetpinding force (value) Of 2 precedent cIRCUMSTAN. DECREASE/REDUCE ; BINDIN' ¢ Fol i) ~ sentence to (ii) (iv) (v) iowing are circumstances “Inconsistency betwee! ‘Split Decision: When the decision is divided amon: unanimous or majority Opinion: then it being val For example, State v/s Zulfiaar Ali Bhutto In this case decision was split four Judg the former Prime Minister. W former Prime Minister. Reversal or Affirmation.on a Different Ground: According to Jessel H.R is that when the decision of the lower court or reversed on different grounds, it is deprived of all the authority : Abrogated Decisions: be binding if a state as stat A decision ceases to is subsequently enacted, or it is reversed or over rt In Consistency with earlier Decision of Superior Courts: A precedent reduces/decreases its bindin, i c c g force if the over looked on inconsistent decision of a higher court. Se Be . = Sion ¢ to be inconsistent. n Earlier Decisions of same Rank Courts: ‘A court is not bound by its own earl isi lier decisions that dre i i another. The lower court may refuse to follow the later oa conte that it was arrived at per in curiam. es delivered and pronour hile three judges said to orgie tory rule in consist uled by a higher axi) (xii) (xiii) (xiv) (xv) (xvi) ENGLISH JURISPRUDENG, Decision Badly Criticizeg, = Itany decision i severely crit its binding force extinguishes 20% BY lawyers, student of law, jurists. etc then Ignorance of Statute: If precedent is rendered i ni statute /e. delegat gnorance statute leaated legsaton phe atu ora Tule having the force of a inding force of precedent is Expert Decisions If the decision is declared PARA VErBStO cel n_absence of we orceful preseden nd one-sided Seorsctetendant respondent other party it Precedent. ion. Hence it wll not be presumed to Erroneous Decisions: force (value). Decisions that Create Anarchy: Those decisions which create anarchy i farchy in state or often annulled or repealed and reduceldecrease the binds force of wnat creceden 1e binding force of that Decisions given by Summary Proceedings: if decision is given by summary proceed) i ings without givin: i arguing to parties, it will also decrease / reduce the ctr rap extneceaee Decisions Based on Doubts: If the decision reflects uncertainties ai it wi : the binding force of precedent ind is doubtful, it will reduce / decrease Evasion of Procedure: While announcing the decision, the court supersedes the procedi F B ure of I then that decisior will have reduced the binding force of the teceaentl ate Decisions Reflecting Injustice: If the decision of judge is not based on justice it will reduce / decrease the binding force of precedent. Decisions Avoiding Inconveniences and Hargship: If the decision is given just to avoid inconveniences and hardships and has no reasoning, it also loges / reduces the binding force of the precedentry SE ENGLISH JURISPRUDENCE 151 Ase nal in the pre- > Explain Pre-requisites of a valid Custom.4 (2019. < “A'S year, 2017-A, 2016-A, 2015-8) various kinds of custom. ~ Define Custom? What are enero (2017-8, 2016-S, 2015-A) “requisite of valid custom? 7 CusTom (2007-s) INTRODUCTION: a / / Jn primitive times, there was no | SS satiOn NO law cBurts and no precedents. Disputes aulsiat f Nts. Disy the elders in consonanée with the dictates at re ASON WHICH was regarded Sl ic utility. )TI eee tantermsame to be recognized as custom oe Jha te ng Standing all pervading usage ul aihnatatinaaae am ‘ lot Only netore custom is one of the most fruit nly had the force of law but also was law itself “Ources of law, EANING OF CUSTOM: ‘Salmond's Definition: “Custom is the embodiment of those princi in iples which have commenced themselves to the national conscience of Principles of justice and public utility. (ii) Prof. Holland’s Definition: “Custom is a generally observed course of conduct. It grows just as a track is formegacross a grassy land by constant passing of people over it either intepfally or by more accident once it is formed, others follow the same track and thus a path is made.” Prof. Keeton’s Definition: “Custom is the uniformity of conduct of all peopie under like circumstances.’ (iv) Austin’s Definition: “Custom is a rule of conduct which the governed observe spontaneously and not in pursuance of law settled by a political superior + REQUISITES / ESSENTIALS OF A VALID CUSTOM: EQuSITeES EEE Oe. ‘A custom in order to be fully operative as a source of law must satisfy the following jirementsENGLISH JURISPRUDENCE ‘Observance as of Right Fee avec onrishsrescci°! nw mst have tend oberved eset one. n hi been supported red Openly It must have an obligatory force and must ave ted by general opinion of ine public Fositive Morality: (i) @ Valid custom is not against posit itive morality. A custom which is immoral is apes eee een nolrbcophizabiewy ueccer en eM: Nalkin vis Esu Naikin (1880) + that adopting girls for immoral purpose is not valid custom. iniversal or General: A custom which is not universally or category of being a valid custenal” °F Senerally followed does not fall in the Massive Support: massive support of a group of people if such than that custom will attract le f allt i attached oan gality and will differ from prescription Reflection of Justice: Lega} phenomenon canfiolfbel separated i(edleted) Tram historical, poitical, soeial and moral context of society except by drawing an arbitrary cut off point. Certain and Definite: A valid custom must be certain amd definite. it should not change with changing times (vy Exist as a fact: A custom must not be deduced but should exist independently as a fact. The custom which is deduced by analogy is not considered to be valid one it should be known to everyone and should be universally practiced in locality area KINDS OF CUSTOMS: ‘custom having the force of law has the following two kinds: OA ijn Customs (2) Legal Cystoms (b) Conventional Customs {i General Customs {)) Local (Special ) CustomsPART-1 STUDEN>, 8 it~ See LEGAL CUSTOM! {tls a custom that operator OY I binding rule of law, Independently of , MO aT he a ee ee " a Kinds/Cla: sification of Legal Customs: nigerine own we kinds haber folommrauarticular Customs: 6 9 prevails in (7 Localspernty only, such a8 2 ct OF Us a cyand constitutes a soya detyr place onlY H throughout a dew eai customs: (tie-custome Na prevails cous Door stonvine sources of law for that land. TY ang constitutes 0! (ey CONVENTIONAL CUSTOMS: (USAGE) al customs is established practice: which is legally bindin, od ry passed by it but Because ‘ ‘A convention: A ceise of any legal authority indePe ether expressly or impliedly been ieee rporated in a contract Between partie from the conventional custom, W/ For examples, lav of merchatt derived Fol chants, negotiable instruments and ‘sale of goods and based on cygy.,"! infer certain circumstances /-0. usages stom, Classification of Conventional Customs: custom may be either local or general. By. nal customs like a nnot become part of the general or c “ommon ia, [A conventior / usages like general usages ca! J. of the land RCE OF CUSTOM tom is given the force of law: 6. y REASONS OF BINDING FO! TT re are many reasons why Cus! les of Custom: Embodiment Principl If custom is embodiment of those principles. which commanded them: the national eonscience as the principles of justice, truth and public uti (iy/ Authority of Long Acceptance: : The very fact that any rule has the sanction of custom raises a tion of law also. Its reason is that judges ant 2 eli at it deserves the sanct fo accept those rules which ir i ; pI which have in their favor, the prestige and authoniy that w dimini: long acceptance of custom. Sign of National Conscience: The custom is the external and visible sing of national conscience and as, accepted by the courts of law as an authoritative guide According to Salmond: He rightly remarks, “Custom is to society what iaw is to state 4 (iv) According to the Will of Peoples, not of the Sovereig! Embodiment of law on those principle: they command themselves t inciples as ' y a i incorporate community in exercise of its sovereign power. Casta " emhat with istoms €.9. ENGLISH JURISPRUDENCE 155 them as acknowled, ding to the Puble open a Peroved not by the power of state but at large society at I wy ern Stability and Certainty in Te a Custom may not be ideall m brings stability and Certainty in the tocar rae but it is undeniable that it Continuance of an Established usage: wi) ‘Safe-Guide for Future: In the past when ever authority (cust : tom) becomes a safé-gui easier to gecure reverence fora code' tela to tase ooo cio oe (vii) Matérial for new law: Custom is useful in the sense i i that it Provides material for embodiment of new Interests of Socie! Custom rests on popular conviction that itis in th i . + 'e interests of society. Tt conviction is so strong that it is not found desirable to go against ease ms (viii) Force of Law: Sometimes a custom is observed by large number of individuals ( Peoples) in society and in course of time the same comes to have to force of law. ee) CONCLUSION: To conclude that in early time the customs was the sole source of law. It is no doubt development of judicial system (process) the importance of custom is constantly gminishing. Nevertheless, custom has played an important role in the development of law, mostly material contents of developed systems of law have been drawn from ancient law of inheritance, law of succession, law of contract, law of property etc. are (x) jolved from customary tules. Pini ing