Descriere
Observing how consuetudes arose and how they were seen and applied throughout the many centuries in which they represented the main source of law, from the Roman era to the Napoleon’s Code, we will see that norms have never been rigid, fixed and narrow. In a community, a consuetude arises spontaneously, but it must be emphasized that it is a matter of relative spontaneity. The extensive and winding process regarding the genesis of consuetude and the evolution from consuetudes to written laws is full of lessons, as it can give some clues or at least broaden the horizon of the debate regarding how a norm subsequently enshrined in law arises.
