Custom and Right
Vinogradoff, Paul. Custom and Right. Oslo: H. Aschehoug, 1925. 110 pp. Reprinted 2000 by The Lawbook Exchange, Ltd. LCCN 99-0474851. ISBN 1-58477-048-1. Cloth. $45. * John M. Zane recommends this work, of which he comments "...the facts and ideas that are called legal can be studied with advantage from the same viewpoint as other branches of social phenomena, such as language, religion, folklore, or customs, that are not legal... The first chapter is called Methods of Jurisprudence, showing the manner in which law develops, sometimes in one way, sometimes in another...The next chapter deals with the particular factors of custom and legislation. It examines, without dogmatizing, the difference between the gradual acceptance of law by means of custom and the conscious, purposeful statement of a law by the law-making power. The next chapter takes a particular instance of the family organization as a fertile source of law in different stages. Finally the last chapter, entitled The Right of Appropriation, carries the discussion into the origins of property and the clashing interests of the individual in his freedom to acquire and contract as against the interests of the social organization. It is all in the easy method of a wise man talking, as if lecturing, upon topics, not seeking to exhaust, but to suggest. The book is stimulating. It will bear reading and rereading. Like all good books, it suggests more than it says..." John M. Zane, Yale Law Journal 35:1026-1027. Marke, A Catalogue of the Law Collection of New York University (1953) 929.
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Page 7 - ... thence follow which are not mentioned in the act. For instance, previous to the toleration act, it was unlawful to devise any legacy for the support of dissenting congregations, or for the benefit of dissenting ministers. For, the law knew no such assemblies, and no such persons ; and such a devise was absolutely void, being left to what the law called s.uperstitious purposes.