papua

Customary law, or lex non scripta—the unwritten law—is one of the most fundamental and enduring sources of legal authority across the globe. Unlike statutory law created by legislatures or judicial law established through precedent, customary legislation springs from the long-standing practices and beliefs of a community. It is a spontaneous, organic body of rules that governs social interactions, resolving disputes and maintaining order based on deeply ingrained traditions. To truly understand the legal landscape, one must appreciate the often-invisible yet immense power wielded by this ancient form of law.

Defining Customary Legislation: More Than Just Habit

At its core, customary legislation is not merely a collection of habits or polite societal norms. For a practice to qualify as legally binding custom, it must satisfy two critical tests, which legal theorists often refer to as the “twin elements”:

1. Long-established and Uniform Practice (Usus): The objective element. This requires that