The Genesis of Law in the Light of the Doctrine of Legal Custom: Popular Conviction and Repetition of Conduct

This article examines the genesis of law through the doctrine of legal custom, focusing on the relationship between popular conviction and the repetition of conduct as conditions for the formation of a generally binding norm. It identifies criteria distinguishing legal custom from habit and other social practices and clarifies the grounds of normative force associated with the recognition of what is due and with the reproducibility of behavioural patterns in comparable situations. The paper further analyses the role of legal custom under statehood, including its functions in filling normative gaps, informing interpretation, and enhancing legal certainty while complying with legality requirements and public policy limitations. It argues that the stability of the legal order presupposes coordination of custom with the protection of public interests and the predictability of law enforcement, which supports social peace and confidence in law.