coutume

Coutume is a term used to denote a custom or practice that arises from repeated social usage and is recognized by a community as binding. The word comes from Old French coutume, itself derived from Latin consuetudo, and in general usage it refers to norms that govern behavior beyond formal statutes or decrees. A coutume is sustained by the belief of those who observe it and by its continued application over time.

In legal contexts, coutume denotes a source of law based on customary practice. For a coutume to be effective, it is typically expected to be general or widely accepted within a community, long-established, certain in its content, and not contrary to higher law or public policy. Courts may recognize coutumes as applicable in the absence of written rules, and they may be used to interpret disputes, fill gaps, or govern particular matters such as local property usage, trade practices, or family arrangements. Historically, regional coutumes, such as the coutumes of Paris or other medieval assemblies, structured local life and commerce; many modern legal systems have codified or superseded these customs, while some coutumes still influence judicial decisions or regulatory frameworks.

Anthropologically, coutume describes the informal norms that shape daily life, including etiquette, rituals, and moral expectations. These customs are dynamic, capable of evolving with social change, contact with other cultures, and shifts in values, even as they retain a sense of tradition. Distinctions exist between coutume as social practice and as a formal legal source, and between domestic coutume and broader international customary law, which arises from state practice and opinio juris.