ABSTRACT

Perhaps the key problem lies in distinguishing law from custom. For many scholars, this does not pose a problem. To them, laws are official rules passed, implemented, and enforced by government, and customs are unwritten norms that are enforced only informally by family and friends. Thus, Donald J. Black (1976:2), a prominent sociologist of law, has famously defined law as “governmental social control.” To Black and other scholars who adopt this view, other types of rules may be rules, but they are not law.