Custom and the Common Law

1. List two aspects of custom identified by E. P. Thompson (3.2.2.1-2).
2. List the most familiar and unsurprising aspect of custom as a state of mind (3.3.1.1-7).
3. List the most surprising aspect of custom as a state of mind (3.3.1.1-7).
4. Why is custom conservative, according to Thompson? (3.4.1-2)
5. Why is custom rebellious, according to Thompson? (3.5.1-2)
6. When, according to Thompson, is custom “codified”? (3.6.1-2)
7. Under English property law, who (among human beings) owns all of the land? (3.7.1.1)
8. What is the term in English property law for land that is not held by any particular “tenant” (3.7.1.7)
9. What kinds of rights to the land did peasants have under English property law? (3.7.1.8)
10. What does the phrase lex loci mean? (3.7.2)
11. Summarize the steps by which a custom emerges out of a conflict between two earlier customs (3.7.2.4-5)
12. List any two criteria under which a custom can become part of the lex loci, according to Coke, Carter, and/or Blackstone (3.7.2.5.1-3 and 3.7.3).
13. What aspect of English property law did the British later export to their colonial holdings? (4.1 through section 5.0).

Sample Solution

1. The sense of belonging to a group and shared customs, values, and beliefs;
2. The reinforcement of the status quo through adherence to long-standing traditions.

1. Strong emotional attachment to custom;
2. Its ability to be fluid and adapt while still retaining core values.