ABSTRACT
A conciliation of the different sets of allegedly contradictory perspectives should then set the bases for a liberal way to reform customary law, without petrifying or disregarding it. Liberal means allowing change on a social scale while respecting individual freedom. This chapter focuses on the context of the individual’s choice in a competitive, normative environment. The most current justification is one of principle: customary law tends to deny individuals their rights, which refers to basic human rights, particularly the most vulnerable groups such as women or refugees. In the presence of customary rules, nonetheless, that are more present to their minds and immediately constraining, while formal law seems always distant and external to their communities, individuals just disregard formal law or simply have no knowledge of it. Forcing communities and individuals living under customary law to change, even if to promote rights or general welfare, would indeed be a full denial of their autonomy and completely disregard their preferences.
