Civil law jurisdictions recognise custom as “the opposite source of law”; hence, students are inclined to divide the civil law into the broad categories of “written law” or laws, and “unwritten law” (ius non-scriptum) or custom. Yet they have a tendency to dismiss custom as being of slight significance compared to laws (Georgiadis, General Principles of Civil Law, 19; Washofsky, Taking Precedent Seriously, 7). In the 18th century, Adam Smith offered a philosophical basis for explaining the connection between law and economics.
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While this global health crisis continues to evolve, it can be …