The Role of Customary Law in Sustainable Development by Peter Orebech, Fred Bosselman, Jes Bjarup, David Callies,

By Peter Orebech, Fred Bosselman, Jes Bjarup, David Callies, Martin Chanock, Hanne Petersen

For plenty of international locations, a key problem is how one can in achieving sustainable improvement with no go back to centralized making plans. utilizing case stories from Greenland, Hawaii and northern Norway, this publication examines even if 'bottom-up' platforms equivalent to time-honored legislations can play a serious position in attaining achievable platforms for handling traditional assets. whereas using general legislation doesn't continuously produce sustainability, the learn of well-known equipment of source administration can provide helpful insights into tools of coping with assets in a sustainable method.

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As Reid put it, animals are not capable of self-government, and when they act according to the passions or habit which is strongest at the time, they act according to the nature that God has given them, and no more can be required of them. They cannot lay down a rule to themselves, which they are not to transgress, though prompted by appetite, or ruffled by passion. 63 Self-imposed cultural limitations on the exploitation of common-pool resources allowed human groups to adapt and survive. Human beings recognized that environmental change was both probable and unpredictable.

The “missing link” described was the lack of scientific analysis. See the discussion of the development of common pool concepts in Norway in Chapter 5. As Professor Callies points out at pp. 207–213, a legal realist may sometimes be skeptical that the judges are using custom to implement new doctrines. See also J. Scalia, dissenting from the Supreme Court’s denial of certiorari in Stevens v. S. 1207 (1994). “A well conceived custom is valid law, and this is what is called customary law. Because legislation obliges us by no other reason than because the people decided it, legal rules acknowledged by the people by unanimous consent, without any written statement, must, as well, reasonably bind all men; because what difference does it make if the people announce their will by decisions or by tacit consent of living life?

Theodore F. T. , Little Brown, Boston, 1956), p. 314. For a recent discussion of customary commercial practices in former British colonies, see Peter Karsten, Between Law and Custom (Cambridge University Press, Cambridge, 2002), pp. 269–362. 21. The scientific position taken in this work – which we call “Legal Culturalism” – is that the dichotomy between “extralegal” and legal norms as separate spheres is false. See the (now deceased) Norwegian legal scientist Nils Kristian Sundby, Om normer [On norms] (Universitetsforlaget, Oslo, 1976).

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