Whether custom can obtain force of law?

❌ Objection 1 : It would seem that custom cannot obtain force of law, nor abolish a law. Because human law is derived from the natural law and from the Divine law, as stated above (Question [93], Article [3]; Question [95], Article [2]). But human custom cannot change either the law of nature or the Divine law. Therefore neither can it change human law.

❌ Objection 2 : Further, many evils cannot make one good. But he who first acted against the law, did evil. Therefore by multiplying such acts, nothing good is the result. Now a law is something good; since it is a rule of human acts. Therefore law is not abolished by custom, so that the mere custom should obtain force of law.

❌ Objection 3 : Further, the framing of laws belongs to those public men whose business it is to govern the community; wherefore private individuals cannot make laws. But custom grows by the acts of private individuals. Therefore custom cannot obtain force of law, so as to abolish the law.