szokásjog

Szokásjog, or customary law, refers to a body of legal rules and principles that emerge from the consistent practices and traditions of a community or society, rather than from formal legislative or judicial sources. It plays a significant role in many legal systems, particularly in civil law traditions, where it complements or even supplements statutory law. Customary law is often rooted in long-standing social norms, cultural practices, or historical usage, which have been recognized and applied by courts or legal authorities over time.

In many jurisdictions, customary law is considered a valid source of legal obligation, provided it meets certain criteria. These typically include the requirement that the practice must be widely observed, long-standing, reasonable, and generally accepted as binding by the community. Courts often rely on customary law to fill gaps in statutory law or to interpret ambiguous legal provisions, especially in areas where formal legislation is absent or outdated.

Szokásjog is particularly prominent in certain regions, such as parts of Africa, where customary legal systems have coexisted with colonial and later national legal frameworks. In Hungary and other Central European countries, it also holds historical significance, as many legal traditions were shaped by local customs before the codification of laws. However, the recognition and application of customary law can vary widely depending on the legal system, with some jurisdictions granting it equal weight to statutory law, while others treat it as secondary or interpretive.

The distinction between customary law and statutory law lies in its origin and enforcement. While statutory law is created through formal legislative processes, customary law evolves organically from societal practices. This makes it a dynamic and adaptive legal source, capable of reflecting changing social norms. However, its application can also be controversial, as it may conflict with modern legal principles or human rights standards. Courts and legislatures often engage in a balancing act to ensure that customary law remains consistent with broader legal and ethical frameworks.