What is the function of customary law in common law systems?

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Customary law in common law systems plays a significant role in influencing judicial decisions and guiding judges in the resolution of legal cases. Common law evolves from judicial decisions and precedent rather than being solely derived from statutes. Customary law reflects the practices and traditions that have been recognized and upheld over time, serving as important referential material that judges can consider when making their rulings.

This reliance on customary law helps ensure that legal outcomes remain relevant to societal norms and values, as judges look to established customs to inform their interpretations of the law and the application of legal principles. By doing so, customary law not only enriches the common law tradition but also promotes consistency and fairness in judicial proceedings.

While the other options may imply different functionalities within a legal system, they do not accurately capture the essence of how customary law operates in the context of guiding judicial decision-making.

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