Custom in the private LAW BE COLOMBIAN VIEW FROM THE ANALYTICAL THEORY AND THE THEORY OF STRATEGIC INTERACTION

Abstract

In traditional legal doctrine, Law and Custom modes are typical manifestation of the law. In the twentieth century, the thesis ius philosophical Norberto Bobbio (1950) Analytical Theory of Law, according to which ‘the law is prescriptive discourse Legislator’ born. Within this conceptual framework, customary law has received attention as a residual theoretical problem; however, the Law and Custom have become a source of law from ledge data, moreover, the mores mairoum have chronologically preceded the Act. Only the study of Bruno Celano (1995) proposes a moderate position in analytical dialectic of Bobbio, leading to the Theory of Strategic Interaction; this, Professor, University of Palermo, not pretermit the spontaneous formation of social rules. Is not the intention of the author, exposing a vast work of legal teleology, with a detailed description of nuclei ius philosophical overwhelm the natural content of disclosing lesson. Yes is expected to hold a reasoned defense of the important role of Tradition in the Colombian private law.