Talk2012

The Continuing Problem of Custom: From the Medieval Jurists to the Supreme Court

Library Of Congress

At the Library of Congress

Clips are not offered for this film: the Library of Congress states its rights in its own words, not as a public licence, which leaves reuse unclear.

About

Western legal systems have from ancient times acknowledged that binding laws could be made bottom-up through the repeat behavior of the members of the community as well as top-down through legislation and court decisions, but explaining exactly how behavior creates law has vexed legal thinkers for centuries. This is as true today, in particular in the realm of customary international law, as it was in the Middle Ages. As the Supreme Court struggles with yet another case about what constitutes international custom, it joins in a long conversation about which modern legal scholars are only dimly aware. This talk by Emily Kadens traces the efforts of medieval and early modern jurists to understand how custom functions as law and will suggest what lawyers and judges today can learn from the jurists of an earlier time.

Archive
Library of Congress, in Library of Congress: talks and concerts
Licence or status
Rights statement at the Library of Congress, as the Library of Congress states it.
Credit
Library of Congress
Language
English
Country
United States
Who can watch
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