By legal custom we mean a rule of behavior that has developed as a result of regular repetition over a long period of time and which has become a stable rule of law as a result of this repetition . Of course, such a norm must necessarily be authorized by the state. Violation of legal custom should not go unpunished, since order in society cannot be created if people do not perceive this source of law as equal to the rest. Caring for the elderly, respect and obedience to the father of the family, the obligation to protect your family - these and many other legal customs appeared long before the law appeared.
The historical aspect of this issue
Legal custom as a source of law was used in antiquity. The fact that it exists even longer than the law has long been known. Each nation gradually accumulated and improved its legal customs, creating from them the so-called customary law.
Legal custom was the main way to regulate people in the primitive communal and clan system. At that time, its violators were always punished. In some cases, exile or even execution was permitted.
At the moment of the emergence of statehood, legal custom turns into a certain norm of behavior, compliance with which guarantees a normal life not only to society, but also to the individual himself. Over time, the permissions and prohibitions contained in legal customs are replaced by norms that can determine the subjective responsibilities of each member of the society. The first laws were created precisely from customs. No other nonviolent method is possible, since people at that time would not voluntarily abide by the rules that contradict their custom.
Gradually, a systematization of legal customs takes place. It is worth noting that the legal custom as a form of law was finally established precisely when the state came to the conclusion that there is a need for its authorization. In other words, a person was responsible not only for society, but for the state, for violation of a legal custom, completely regardless of how serious his misconduct was. As an example, we can cite such a legal custom that related to raising children: parents were always responsible for the fact that their child is well-fed and healthy, but over time they began to bear responsibility for this not only to themselves, their children and relatives, but also to by law.
Legal custom and jurisprudence
Some leading lawyers of our time believe that legal custom rises above other sources of law. They explain this by the fact that the legislative as well as the judiciary are guided in their activities by precisely those norms that have been formed over the centuries.
In legal positivism, this source of law is perceived as something that has become obsolete, as something worthy of attention, but not so much as to raise it above laws and other legal acts.
In reality, in our time, legal customs are used much less frequently than other sources of law. However, they are completely indispensable in those issues that the legislation is not able to solve (legislative gaps).
Legal customs today
Today they are understood very ambiguously. Ordinance is something that is very often understood in our time as a legal custom. Ordination is indispensable for various trade transactions and small household contracts, as well as for other similar situations. It simplifies our life pretty well, because people do not have to look for the necessary legal acts and seek help from someone to perform certain actions — they just act like they used to do for a long time.
Before the revolution of the 17th year, all relations between peasants were regulated precisely by legal customs (customs). An example is the way peasants made various transactions, how they divided property between relatives or chose spouses for their children. In Soviet times, the authorities reacted negatively to this source of law, but it still existed. In modern Russia, the legal practice is poorly developed, but the legislation refers to it in some situations (for example, some aspects of entrepreneurial activity).