Customs and traditions in the regulation of social relations. Custom - what is it? Examples of legal, national, folk customs and business practices
What is a custom? These are rules of conduct that have been entrenched in the minds of the people thanks to repeated repetitions. What customs are, where they come from and where they disappear, read about all this below.
What is custom
As mentioned above, the rules of conduct that have become norms for people through repeated repetition. This includes customs that are performed on holidays, as well as those that turn into a daily routine. Basically, people follow them out of habit, not really thinking about the meaning of actions. Every society has its own customs. Some of them are regulated by the state, while others are observed within the same family. How long does it take for a habit to become a habit? At least a few years, at least 3-4.
How is tradition different from custom?
Concepts are best learned by comparison. We already know what a custom is, but now let's talk about tradition. What it is? Traditions are a complex of various actions that are passed down from generation to generation in order to preserve and develop culture. And here scale plays a role. The tradition can be considered as a local phenomenon, but still more often it is created and maintained on a national scale. No one forces people to observe established traditions, this is a voluntary matter.
Now let's look at the differences. Tradition is much broader than customs, since it most often has a larger territorial scope. People perform various rituals, sets of actions, often without thinking about the hidden meaning that their ancestors laid in them. But such traditions are supported by the state, as it considers them an integral part of culture. But folk customs often change under the influence of time, government, the way of human thinking. But for the most part, people do not see much difference in these concepts.
How do habits arise?
Man is a complex being. And to better understand what customs are, you need to know how people create them. Initially, such rituals, or repetitive actions, were performed by man in order to survive. It was a kind of reaction to discomfort. People started the custom of killing a mammoth once a week so as not to go hungry. The girls sewed clothes from the skins of animals once a month, so as not to die from the cold. There were many such small local customs in any society, and they still exist today. True, our contemporaries do not have to survive, so the rituals are not aimed at the biological needs of a person, but at creating spiritual comfort. If you think about it, many of the unconscious rituals that are instituted in our society have no logical basis under them. Such customs-omens are common among superstitious people. Why do students eat lucky tickets from the bus before the test?
Why do people, returning home, if they forget something, always look in the mirror? There were once explanations for these customs, but today they cannot be found. Life is too changeable. Each person has the ability to create their own customs. How? Before an important event, he may develop the habit of walking for an hour on the street in order to clear his head, or introduce summing up the results of the day into his evening ritual.
How habits disappear
Time goes by, everything changes. Human life is very fickle. Today one job, tomorrow another, today one love, and tomorrow you can meet a new one. That is why habits have to be changed. An example of such changes is the disappearance of witnesses at weddings.
Previously, these people played the same important role as the bride and groom. But over time, the custom of inviting witnesses lost its relevance. Today, newlyweds do fine without them, which means there is no need to appoint friends to this role.
Another example is baptismal divination. The girls used to do this every year. Today, this custom has fallen out of favor. Young ladies do not want to spend time in a dark bath in the company of candles and mirrors. They have more fun things to do. It turns out that customs know how to die due to a change in public interests.
- vital;
- lifestyle;
- imposed from outside;
- rituals and ceremonies.
Why do we need customs
Today there is an American globalization of all countries. Most of the goods and services that we are used to consuming every day are not a product of our culture. Customs and customs must be known and observed in order not to lose one's roots and nationality. After all, Russia is a country with its own original culture, speech and art. Of course, it is necessary to modernize the country by updating customs and traditions, but this does not mean that it is necessary to borrow them from other countries. Why is it so bad to borrow a foreign culture, because before it was the norm of life and when one country was captured by another, culture was imposed against the will of citizens. But today it seems terrible, because, forgetting their history, people restructure their thinking. And as a result, such an option may turn out when one person will rule the society, imposing the only possible way of life on everyone. It is worth reading at least one dystopia to understand how bad it will be to live in this situation.
Examples of customs
Today there are many rituals that people perform automatically, without even thinking about their essence. The sources of custom are folk traditions transmitted in writing or by word of mouth. There are many examples.
When meeting on the street, men take off their gloves for a handshake. It seems to be a sign of courtesy and attention, but this custom has long roots. Previously, men took off their gloves to show that they did not hide weapons there, and as a result, their intentions are pure.
Another example of a custom is Maslenitsa. More precisely, the rituals associated with this holiday. For example, burning a scarecrow. This custom also has long roots going back to ancient times. Burning scarecrows, people see off winter and welcome spring.
Jumping over a fire is considered another Russian custom. However, in recent years, few people do it. But before this fun was popular. The guy and the girl jumped over the fire, holding hands. If they did not unhook their hands and successfully overcame the obstacle, it was believed that their life together would be long and happy. But if young people moved away from each other during the jump, this meant that they were not destined to be together.
unusual customs
We, the Russians, do not find it strange to burn an effigy for Maslenitsa or decorate a Christmas tree for the New Year. But for Thais, it’s completely normal to lower boats down the river, in which people put flowers, light candles and light incense. It all happens at the beginning of November on the day dedicated to the spirits of water.
The norms of customs are determined by the society in which we live. And in other countries things are the same. In Turkey, for example, there is a custom: before a man takes a second wife, he must give his first darling jewelry worth 10 thousand dollars. This should prove to the woman that her husband is a wealthy man and will be able to feed both her and the second woman.
In Kenya, there is a custom according to which the young spouse must do all the work of the wife for a month. It is believed that after this acquired experience, he will not reproach a woman all her life for doing nothing while doing housework.
We often do not think about what turns us from a group of people living together into a real unit of society. And here the customs that have developed over the years play an important role. In our article, we will talk about what family traditions are, what is their significance, and also give examples of habits that occur in families from different countries and make our own list.
Family traditions: what is it
To define what a family tradition is, let's first define what it means - "family". According to the Big Encyclopedic Dictionary, this is “a small group based on marriage or consanguinity, whose members are connected by common life, mutual assistance, moral and legal responsibility.” This means that in a full-fledged unit of society, relatives not only live under the same roof, but also love each other, take care of each of their members, and spend time together. If some occupation or action is repeated repeatedly, passes from one generation to another, then it becomes a custom of this kind.
Family customs are not necessarily something grandiose and large-scale. Even modest weekly rituals that are instituted in one or another union can be considered a tradition. For example, cleaning on Saturdays, having breakfast together on Sunday mornings, or watching cartoons with the kids on Fridays.
Moreover, the habit of wishing each other good morning, kissing at a meeting or parting, a call that you have safely reached your destination, can also be attributed to the norms adopted in this cell of society.
Types of family traditions
The list of what can be attributed to family traditions can be endless. However, they can be conditionally divided into general ones, which are inherent in many people in different variations, and completely unique, specific rituals.
The first group includes such actions as:
Joint celebrations
In most houses in Russia, on a birthday, New Year, Easter, a large circle of relatives and close friends gather at a richly laid table to congratulate the birthday man or spend the outgoing year.
These days it is customary to present gifts and souvenirs, write congratulations, sing songs and dance, make toasts, followed by the adoption of alcoholic beverages, which of course does not benefit the nation.
Joint meeting of important events in life
It is customary for many people to discuss daily or at least once a week in a narrow circle how the day went, what events happened, share their thoughts on this matter, give advice, or simply empathize from the bottom of their hearts. It also discusses plans for the weekend and the near future. Such close, frank communication is very uniting, allowing all members of the family to feel their importance and significance for the rest.
Joint travel
If circumstances permit, many spend their holidays together, if possible going to the sea or to another city. And there are those who prefer annual trips to the country in the summer, where outdoor recreation is combined with work duties. Any such trip brings a lot of positive to each of its participants, which strengthens the relationship of the household.
Photos for memory
I want to capture pleasant events on photographs so that, if desired, at any time I can return to a memorable day. Fashionable now photo shoots can become a good tradition, especially in families with children. After all, each age of the baby has its charms, and time flies so fast that you won’t have time to come to your senses. In addition, there are usually long joint preparations for such an event, and the child will perceive the shooting itself as an adventure.
Joint attendance at various events
Cinema, theater, exhibitions, museums, festivals - it's all very interesting and informative. If everyone in the house is set to develop their personality, then the household will never be bored with each other. So joint visits to cultural or entertainment events are a very good and useful custom.
The list of other common family traditions can be very long. After all, the smallest daily habits can also be attributed here, as well as all religious rites, national features associated, for example, with marriage or initiation into religion. Russia is a multinational country, and each nation has its own historical customs.
Specific customs include those features that are unique to your unit of society. For example, you like to eat only oatmeal for breakfast, or you don’t go to bed on Friday before dawn.
In addition, there are those actions that have developed on their own, and there are specially introduced ones. In any case, this is exactly what is repeated in one house with some periodicity.
The role of family traditions: what does their observance mean
If we single out the main positive theses, then they, perhaps, will sound like this:
- Traditions give a sense of stability, inviolability of marriage for spouses.
- Cultivate respect for elders.
- They instill a craving for work and order.
- They rally and unite relatives.
- They allow you to feel like an integral part of something big, strong, what we call a cell of society.
What are family traditions for children
It is especially important to observe established customs for babies, because it gives a feeling of stability, and therefore security. Guys love it when something is repeated many times, it is good for their psyche, makes the child calm and balanced. That is why doctors so strongly recommend observing the daily regimen.
The following traditions will be especially useful for children:
Reading bedtime stories and singing lullabies to babies
Evening reading not only develops the child's imagination, but also sets him in a calm mood, appropriate before going to bed, and the mother's voice always calms and lulls.
Joint games
In the age of computers, televisions and an endless number of entertainment, it is very easy to keep a child busy. However, the warmest memories from childhood will be exactly those when the baby played with his parents. It can be board games or outdoor activities, the main thing is that all relatives take part in the game.
Household duties
It's good when every member, even the smallest one, has some household chores. It does not have to be a fixed labor service. Classes can be changed and each time offer a new task. Invite your child to wipe the dust during one cleaning, and the next time to work with a vacuum cleaner. And with such an assignment, how to water the flowers, even kids are happy to cope.
family meals
Kisses and hugs
Psychologists say that to feel happy you need at least eight hugs a day. And kids need even more. So hug the little ones for any reason. And a kiss at night will be a wonderful end to the day for both the child and the parents.
Preparing for the New Year
For many adults, one of the most magical moments of childhood is the New Year holidays. You can create a fairy tale together with your child, decorate the Christmas tree together with themed songs, make souvenirs as a gift for your relatives, write letters to Santa Claus. After all, the baby knows how to do what many adults have forgotten how to do - to believe in miracles.
All these and many other traditions will allow children to form the right attitude towards marriage as one of the main elements of their lives. Already as adults, they will carry into their young cell of society precisely those foundations and principles that they learned from childhood.
Description of family traditions of different countries
Of course, every society has its own, historically established customs. Let's talk in more detail about what is accepted in other states.
In Russia
Since ancient times, traditions have been honored and protected in Russia, they were an important part of the life of both the common people and the nobles.
One of the main customs was a good knowledge of one's kind, all one's ancestors up to the tenth generation. In an aristocratic environment, each family name was necessarily compiled family trees, which listed all the ancestors with names, patronymics, surnames and titles. Stories from the life of the ancestors were passed from mouth to mouth, and with the invention of the camera - pictures. Until now, many families carefully store old photo albums, gradually supplementing them with modern cards.
Respect for elders is one of the pillars of education in Rus'. In our country, unlike Western countries, it is not customary to send parents to live out their lives in pensions and nursing homes. Children until the last day take care of their elders. And after their death, it is customary to commemorate departed relatives on the day of death and birthday, to look after their graves.
Another Russian feature that testifies to respect for one's family is the assignment of a patronymic to a child. This is a tribute, first of all, to the father. It was also often possible to meet a “family” name, that is, often found in this genus, when a child is named after one of the relatives.
The transmission of relics by inheritance was also widespread. And it is not necessarily jewelry worth a fortune. It can be simple, but dear to the heart things - interior items, cutlery. Often the wedding dress passed from mother to daughter.
Almost all of these traditions have been preserved in our society to this day. But many, unfortunately, are almost lost. For example, professional dynasties, when some craft was deeply studied, and its secrets were passed down from generation to generation.
A good trend has been a return to the roots and centuries-old traditions. "Russian House of Genealogy" offers assistance in compiling a family tree of a kind. They have more than five hundred genealogists on staff, working around the world, who will certainly find any archival documents that mention this or that surname. Also, experts not only compile a pedigree, but also teach this difficult craft. A rich choice of design will allow not only to make a tree for yourself out of interest, but also to purchase a genealogical book as an original and useful gift.
In Great Britain
This is a country that sacredly honors its customs, especially for aristocratic dynasties. Traditions are followed in everything from the daily rituals of morning porridge and afternoon tea to the concept of how to raise children.
One of the features of the English is the education in their children of strict control over their emotions. Saving face for a true gentleman is as important today as it was a couple of centuries ago.
in Italy
Italy is a very patriarchal state. Almost 90% of all enterprises there are related, that is, they are transferred from father to son. In addition, the surname in this state is not limited to a narrow circle of the closest relatives, all relatives are an important part of a large clan.
On holidays, the whole family gathers at a richly laid festive table, they joke, laugh, share news.
In America
Despite the fact that Americans are mostly workaholics and very career-oriented, there are three or more children in many cells of society. An interesting tradition is to take the baby with you everywhere, even to parties and gatherings with friends. It is believed that such early integration into society will help the child in adulthood.
Historically, family traditions are an integral part of the life of any society in every state. They are like cement when building a house, they bind all relatives, allow them not to lose common interests. So observe the existing customs and make new ones, then in your home there will always be an atmosphere of love and friendship.
1.2 The essence of traditions and customs, their social functions
There is not a single nation in the world that does not have its own traditions and customs that pass on its experience, knowledge and achievements to new generations. Traditions, customs and rituals play an important role in the reproduction of culture and all spheres of spiritual life, in the implementation of the centuries-old efforts of successive generations to make life richer, more beautiful, more meaningful, in ensuring the continuity of the new and the old, in the harmonious development of society and the individual. They exist and are supported by the masses in all spheres of public life: labor, socio-political, family, social and cultural, etc. According to the characteristics of various forms and types of social relations, national, revolutionary, international, patriotic, religious, socio-cultural, family and household, etc. There are special traditions in the school, student, scientific, creative, rural and urban environment, etc.
Traditions are firmly established, inherited from previous generations and supported by the power of public opinion, forms of people's behavior and their relationships, or principles by which human culture develops (for example, realistic traditions in literature and art). When it comes to the family and household sphere, the word “custom” is more often used, which is the oldest form of storage and transmission from generation to generation of standard actions and behavior of people in certain typical circumstances and specific situations.
“Custom is a generally recognized norm of behavior, unofficially “legitimized” by the power of mass habit, traditions and public opinion (although the very fact that this custom is mandatory may not be realized by people) and spontaneously reproduced by the actions of many people.”
Traditions and customs have certain similarities. It is based, firstly, on the fulfillment of the same role in the life of society; secondly, they have the same features and characteristics (stability, normativity, connection with public opinion, moral norms, social habits, standards of behavior, etc.); thirdly, they are equally widespread. Through a system of traditions and customs, new generations of society inherit the relations developed in it and all social experience, down to the most specific actions and actions. The inheritance of social experience with its critical reflection allows society to follow the path of social development at a lower cost. Contributing to this, customs and traditions are themselves reproduced, and some of them die off, while others appear or gradually change.
Traditions and customs, being included in the moral system, as well as in the system of social psychology, perform the function of a social regulator. The assimilation of traditions and customs contributes to the formation of socially necessary qualities, habits and skills of social activity and behavior in people. Traditions and customs also perform cognitive and educational functions. Without the fulfillment of these functions, they would largely lose their social meaning. Traditions and customs converge, as they perform functions similar in their social orientation. However, this does not yet indicate their absolute similarity. Just their difference is revealed in the fact that they perform their functions in society in different ways and in different forms.
The content of custom is a rule of conduct, a detailed prescription of an act in a particular situation, and the content of tradition is a general norm, a principle of behavior. “Custom rigidly fixes an action or prohibition of some action, the implementation of a strictly regulated action is the goal of custom. Tradition does not have a rigid connection with a specific action in a specific situation.
Through customs, people acquire the necessary knowledge, behavioral skills, experience related to the immediate environment, and through traditions, they become most familiar with the social experience of mankind (international, revolutionary traditions, etc.).
The nature of the educational impact on people of customs and traditions is also different. Based on the assimilation of customs and following them, simple habits, stereotypical behavioral skills are formed, and following traditions contributes to the formation of not only complex habits, but also complex social feelings (patriotic, international, etc.).
The difference between customs and traditions does not at all indicate the superiority of one over the other. For example, the educational impact of customs is very great in the sense that people, following them, gradually instill in themselves certain spiritual traits and qualities, are brought up imperceptibly, naturally and simply. Therefore, truthfulness as a moral personality trait in children is formed much earlier than the content of the concept of "truth", and it is under the influence of customs, in particular family and household ones.
The main regularity of the formation of customs and traditions is the conditionality of their economic development, a certain level and nature of production. The influence of socio-economic relations is also great on such a type of traditions and customs as family and household ones.
It is very important to take into account the peculiarities of family and household traditions and customs. Changes in everyday life are slower than in the economy, in the system of education and social upbringing, and also in some other spheres of public life. The conservatism of family and domestic relations is due to the intimacy, specificity, relative independence and isolation of the family. Here, sometimes, the long-term, very deep influence of religion, nationalistic psychology, difficulties and contradictions in the development of individual consciousness is also evident. It is in the family and household sphere that we most often encounter relapses of old customs and traditions that have lost both the economic and ideological basis. After all, there are cases when, after the solemn registration of marriage, the newlyweds secretly get married somewhere else in the church. Baptism of newborns, consecration of a new house, etc. are performed in the same way. And the reason for this is not only the vitality of old customs and rituals, but also insufficiently active organizational and educational work.
Old family and household traditions, customs and rituals are by no means so bad and harmful that they should be completely eradicated. Many of them have enduring moral and aesthetic significance.
These traditions were formed under the influence of economic necessity, they were the most effective means of educating diligence, not to mention the impact on the physical development and hardening of children. And respect for the results of labor, and the concept of duty, and many other moral qualities were formed directly in the younger generation. True, in the family life itself, there were previously much more objects for the application of the feasible labor of children.
But under the influence of the growth of material well-being, the development of technology in everyday life, these objects decreased, and the tradition itself began to fade. And the consequences were not long in coming; there was a clear trend towards a decrease in industriousness among children.
Some other family traditions and customs, despite significant social changes in our lives, need to be preserved and improved, because they largely express the popular ideal of those human qualities, the formation and presence of which predetermines family happiness, a favorable family microclimate and in overall human well-being. Thus, the traditional friendship of families, as if related at the birth of children, the friendship of families of leading workers, etc., is of great importance.
An integral part of socialist aesthetic culture is the revival of some folk holidays (Russian Maslenitsa, Tatar Sabantuy - "plow holiday", etc.). However, it is hardly possible to consider as useful those changes in folk customs and rituals that pervert their essence and reduce their aesthetic value.
In the Central Asian republics, there is a revival of the shameful custom of the past - the hated kalym - the ransom for the bride. Lush weddings, ruinous funeral rites cannot be passed off as folk customs and rituals, just as beautiful folk customs cannot be turned into a petty-bourgeois cult. Some customs and traditions become so harmful that it is necessary to include the power of state power in the fight against them. Therefore, it is necessary to strictly distinguish between traditions, rituals and customs, including revived ones that carry positive moral and aesthetic values, and those that not only do not contain anything socially useful, but also harm the development of socialist culture.
Folk traditions, rituals and customs, including traditional festivities, should serve as a means of developing aesthetic culture, collective entertainment and recreation, and improving socialist life. At the same time, we should not forget that, in addition to holidays, there are weekdays, and in them, good work and family traditions are the most important element of aesthetic culture. It is not for nothing that work and family life are so inseparable in the minds of the working people, it is not for nothing that they are so widely reflected in folk proverbs and sayings, in epics, folk songs and fairy tales, which together represent the ideological content of folk traditions and customs. In all folk art, which is the most important element of aesthetic culture, friendship in the family, respect for parents, love of work are glorified, and laziness, parasitism, gluttony, dishonesty, extravagance and other human vices stemming from the desire to live a prosperous life without applying for this labor. And this is quite natural, because labor has always been, is and will be the basis of the people's way of life.
The labor traditions of the Soviet people differ from their other traditions, because during the years of socialist construction the nature of labor in general, family work in particular, has changed dramatically. An integral feature of the former way of life, especially in rural areas, was the inevitable participation of children in common family labor (maintenance of the dwelling, caring for animals, cultivating the land, etc.). The family way of life assumed the obligatory labor participation of children, because there were much more labor cases both in nature and in volume in the family than at present. Now the family way of life has changed, and quite significantly. And it is no coincidence that idle children often grow up in a hard-working, honest family. And one of the reasons for this is a certain extinction of the age-old tradition named above. The tradition of the progeny of professional work is also fading away: earlier, children acquired professional skills and abilities most often from their parents, working next to them. Now this function is almost completely performed by the state vocational training system.
But does this mean that labor traditions are disappearing in the Soviet family way of life? Far from it. Another thing is that in former times they were formed under the influence of the material difficulties of family life, but now they must be formed in every family in order to organize the labor education of children. In those families where due importance is attached to this important task, it is a good tradition to distribute the permanent labor duties among all members of the family within the reasonable and fair limits.
Today, the continuity of labor culture is not in the transfer of narrowly professional skills and abilities, or, as was often the case in the past, the secrets of the profession of fathers and grandfathers, but in instilling deep respect for work and its results, in the formation of a healthy desire to be useful to people, society, skills and habits of organization , self-discipline, efficiency and composure.
If traditions and habits are organically soldered in the life of people, then the former should be established, and the latter should be trained with the help of the elders in the family, those who have more life experience and moral authority than others. There can be many such small and large traditions, supported in each family in its own way, but subordinate to the general principle.
A good family tradition to maintain a general interest in the cares and successes of each family member is the constant exchange of opinions on labor and social affairs, impressions of what they saw, heard, and important events. It is very important to form a healthy public opinion in the family. This should also be a tradition.
The ceremonial decoration of events of family significance, Soviet holidays and other important social events plays a very important role in the comprehensive development of the individual, in ensuring the effectiveness of education, etc.
The specificity of the rite, as well as the ritual, consists, first of all, in a symbolic, sometimes strictly defined character. In any tradition (especially in customs) there is their ritual, ritual side. A wedding as a tradition and custom in its meaning, the content, perhaps, is not much different in different countries. But the ritual design of this event has significant differences among different peoples.
The rite, as an integral part of the custom, of one or another traditional activity, subordinates the behavior and actions of people to a single emotional mood, creates such a moral and aesthetic background against which reason and feeling, rational and emotional motives and actions of people merge, are directed into a single channel. The rite is characterized by an impressive, bright form that has an aesthetic and psychological impact. Many ceremonies, their aesthetic design include all the main types of art.
One of the features of the rite is that, despite the difference in roles in a particular ritual ritual, all its participants are internally active, experiencing the same feelings.
Rites in a special way perform important social functions: mass communication, educational, social and normative function of social inheritance. The rite is a special way of transmitting ideas, social norms, values and feelings to new generations. This transmission is carried out through direct personal contacts.
The social nature of the rite determined its collectivist character. At the same time, people satisfy the need for collective experiences, participation and public evaluation of events that are important to them. The ceremony not only forms, but also deepens the feelings of people, enriches their emotional world, which is especially important in our era - the era of the scientific and technological revolution with its social consequences. Solemn symbolic acts form in each of their performers a sense of belonging to a team, society. If we take into account that for the most part rituals are performed at key moments in the life of a person, family, team, people, state, society, then it becomes clear how great their educational value is.
A characteristic feature of the rite is its conservatism, resistance to external influences, stereotyping of people's actions. This is its social strength and weakness. Serving society over a number of historical epochs, it very effectively ensures continuity in the development of human culture. But during social revolutions, the conservative power of rites plays an antisocial role that is difficult to overcome and becomes an obstacle to social progress. Therefore, in communist construction, in the development and improvement of a new way of life, both the struggle against the old rituals and the creation of a new one corresponding to new forms of life and life, communication and social development of rituals are of particular importance.
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Customs are such social norms that are formed spontaneously in society as a result of a long, repeated repetition of certain actions, and because of this, become habitual, mandatory in people's lives. Custom, therefore, consolidates what has developed as a result of long social practice, i.e. results of social experience. Actions, deeds that are repeated many times in a certain social environment, become customs (general rules) when they are approved and shared by the entire social group or its majority.
Customs do not require an external separate force to enforce them, as they are habitual rules of conduct that are carried out automatically, due to the fact that people are accustomed to doing so. In the early periods of the development of human society, customs acted as the main regulator of social life. Custom, sanctioned by the state, has long been one of the most important forms of existence of legal norms.
A characteristic feature of customs is that they do not form a coherent system of rules, are not interconnected with each other, and regulate only individual relations between people that have become a habit.
Customs are closely related to traditions, which are less related to habit and represent more generalized norms of human behavior. They express the desire of people to continue, to preserve the forms of behavior transmitted by previous generations (traditions of celebrating anniversaries, the birth of a child, marriage ceremonies, etc.).
Legal norms are in a certain interaction with customs. On the one hand, progressive customs contribute to the development of sustainable law-abiding behavior, since in the minds of most members of society, any unlawful and especially criminal behavior is not perceived as normal. As usual, behavior that meets legal requirements is perceived, which significantly affects the increase in the level of legal awareness and legal culture of the population. And this has a positive impact on the strengthening of law and order.
In turn, law also influences customs. But nude influence depends on the nature of the latter. In some cases, the state gives legal significance to customs and they take the form of a legal custom, i.e. legal norm.
Progressive, advanced customs and traditions are supported and encouraged by law (during marriages, celebrations of anniversaries, achievements in some field of activity, etc.). However, customs often reflect certain prejudices, elements of a nihilistic attitude towards law, national contradictions, historical inequality between men and women, etc. Law competes with such customs, neutralizes and displaces them.
More on Law and Customs:
- 8.5. Law in the system of social regulation. Interaction of law with morality, customs, traditions and other regulators
"The best laws are born from custom."
I agree with J. Joubert's opinion. By this expression he meant to say that all laws originated from ancient customs. Over time, the state replaced the tribal community, which led to the transformation of customs into laws. The process of formation of law, state and laws took more than one century. Social relations were regulated by custom, since there was no need for law and law. Labor was collective, property was common, so it made no sense to claim rights to someone else's property.
With the development of mankind, a complication of social life arose, it became clear that customs could not regulate all aspects of social relations, and there was a need for laws. It took a "third force" that could judge the conflicts and disputes of the warring parties. This was the reason for the emergence of the state.
You can not create laws against custom, standing. There is a certain way of life throughout the existence of mankind (customs), and laws should only legitimize, not cross them out. But at the same time, not all customs are worthy of legalization.
Good habits do not always take root. In a society with bad morals, the same bad customs are born and live on. Therefore, some people want to “instill” in other people what first seems “good”.
Therefore, laws arise from customs, and customs are influenced by mores. Morals are habits, feelings, beliefs common to a group of people, having moral value, patterns of behavior that have developed in the course of a long historical development. Morals preserve not only those patterns of behavior that are of lasting importance and are the inalienable power of cultural traditions, but also those that hinder the further development of culture, limit the freedom of a person’s moral choice .. or social habits form the primary form of law based on tradition, or customary law. Customs are rooted, repeated actions in any society for a long time. The main way to control behavior in a pre-state society in terms of tribal relations. Customs are formed in the course of the life of society. If they receive the recognition of the state and are provided with its coercive force, then they become legal. Social norms are the rules that regulate the behavior of people, the activities of organizations in their relationships. Law - a set of rules or norms of behavior that determines the relationship between people, organizations, state / states. The connection between these terms is obvious, which proves that Joubert is right.
An example is the custom of expelling the guilty from the tribe passed into the law on the isolation of criminals from society. The tribes also elected a leader and a council of elders, obeyed them in everything - this passed the laws on elections and power.