traditional law

is a residual category of social control, a class of rules too practical to be backed up by religious sanctions, too burdensome to be left to mere goodwill, too personally vital to individuals to be enforced by any abstract agency.

Brietzke observed, 'Traditional law is best understood as a residual category of social control, as 'a class of rules too practical to be backed up by religious sanctions, too burdensome to be left to mere goodwill, too personally vital to individuals to be enforced by any abstract agency'. Law leaves older social controls religion, custom, habit and rules of practical prudence and art intact where intervention would be hazardous to the power of political authorities. Many differences in legal systems can thus be explained by the degree of centralised political authority.' (Brietzke, 1974:155.)

traditional law, n.Definitions

traditional law