Jurisprudence law and custom of the same

Law stems from custom, the law pursues fairness and justice, and custom is the basic laws of people's lives, one is the value code, one is the law of behavior, can only say that they can not be mutually exclusive, but rather *** raw to promote the relationship. Since it is a relationship, I will start with one aspect, that is, the law can not change habits.　　

What is law? Law, is the state formulated or recognized by the state coercive force to ensure the implementation of the provisions of the rights and obligations of the parties as the content of the universally binding social norms. What is custom? Custom is a way of life that has been developed over a long period of time. Today, it refers to a local custom, social customs, moral traditions.

Habit refers to people in the long period of time gradually developed, an unchangeable tendency to think, behavior patterns and social customs.

What we generally refer to as custom does not have the force of law, and is not a kind of law. But in the state recognized custom can become customary law.

The law is not necessarily able to change the custom, or the law can not change the custom at some time. The reason why the law is called law, because it is guaranteed by the state coercive force, it is stipulated that the rights and obligations of the parties to the content of the universally binding social norms. However, for those Chinese people for thousands of years, handed down the unique, does not affect the social morality and social interests of the behavior. What the law does is more of a reasonable range of constraints and regulation, rather than the so-called total rejection and change.

In short, the law can change habits, habits can change the law, anything is relative, the law for a long time has become a habit of people, and the habit is to make and implement the law of the ideological and social basis. The law can change habits, but also can not change habits. Specific issues to be analyzed in specific cases.