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The law of the Maya has a number of elements that are in some form present in modern law. Mayan law had aspects of proportionality, where more significant crimes warranted greater punishment, similar to most modern systems. In cases where there were repeated offenses, the penalty was increased, which is another component of modern legal systems. However, Mayan law contains aspects that would not fit into present-day law. Firstly, there was no consideration for accidents, which, due to religious reasons, were treated the same as if the perpetrator had intended to harm.
Moreover, customary law is the use of established, provable local customs in legal cases. In such areas as Southeast Asia and Africa, customary law has a relatively stronger presence than in the rest of the world. For example, male primogeniture, the tradition of the eldest male child inheriting the entire estate, is common and widely practiced in modern Africa. This norm originated in an agricultural setting and came with a responsibility to care for the rest of the household (Diala, 2017). Socioeconomic changes in the region have begun to erode the significance of such laws, which reduces their importance.
The relevance of customary law in the modern world varies widely from geographic region to region. States with strong, centralized, and stable governments tend to disallow challenges to established legal systems and courts, limiting the applicability of customary law. However, customary law cannot be disregarded in less centralized regions, where governmental judiciaries have less power. Outside of such areas, customary law can be seen as an essential first element in the development of modern codified legal systems. While not particularly applicable in everyday life, it allows legal scholars to trace modern legal systems development and origins.
Reference
Diala, A. (2017). The concept of living customary law: A critique. The Journal of Legal Pluralism and Unofficial Law, 49(2), 143-165.
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