Custom- the traditionally established order of behavior. It is based on habit and refers to collective forms of action.
Customs are socially approved mass patterns of action that are recommended to be followed. If habits and customs pass from one generation to another, they turn into traditions.
Tradition- all that is inherited from the predecessors. Originally this word meant "tradition". Values, norms, patterns of behavior, ideas, social institutions, tastes, and views also act as traditions. Meetings of former classmates, fellow soldiers, hoisting the national or ship flag can become traditional. Some traditions are performed in a casual setting, while others are performed in a festive, upbeat setting. Rite is a kind of tradition. It characterizes not selective, but mass actions.
rite- a set of actions established by custom or ritual. They express some religious performances or household traditions. Rites are not limited to one social group, but apply to all segments of the population.
Rites accompany important points human life associated with birth (baptism, naming), wedding (matchmaking, bride price, engagement), entry into a new field of activity (military oath, initiation into pioneers, students, workers) or transition to another age (initiation), death (burial, burial, commemoration).
Ceremony- a sequence of actions that have a symbolic meaning and are dedicated to the celebration (celebration) of any events or dates. The function of these actions is to emphasize special value celebrated events for a society or group. coronation - a prime example an important ceremony for society.
Ritual- a highly stylized and carefully planned set of gestures and words performed by people specially selected and prepared for this. The ritual has symbolic meaning. It is designed to dramatize the event, to arouse reverent awe in the audience. Sacrificing a person pagan god is a prime example of ritual. Most rituals break down into component parts and elements. So, for example, an obligatory part of the ritual of taking off aircraft is waiting for the command “Takeoff is allowed”. Elements of the farewell ritual: sit “on the path”, hug, cry, wish a happy journey, do not sweep the floor for three days, etc. The complex composition of the elements includes the ritual of defending a scientific dissertation. According to K. Lorenz, the ritual has a cultural origin and performs three functions: a) prohibition of the struggle between members of the group, b) keeping them in a closed community, and c) separating this community from other groups. The ritual restrains aggression and unites the group.
manners- especially protected, highly honored by society mass patterns of action. Mores reflect the moral values of society, their violation is punished more severely than the violation of traditions Mores are customs that have moral significance. This category includes those forms of human behavior that exist in a given society and can be subjected to moral assessment.
Taboo- an absolute ban imposed on any action, word, object. It regulated key aspects human life: ensured compliance with marriage norms, protected from the dangers associated, in particular, with touching the corpse.
Laws- norms or rules of conduct formalized by a parliamentary or government document, that is, backed up by the political authority of the state and requiring strict implementation. There are two types of laws. Normal right - in pre-industrial society: a set of unwritten rules of conduct sanctioned by the state. From customary law gradually arose formal, or legal, laws, enshrined in the Constitution - the main political law of the country. Violation of laws entails criminal penalties, the most severe of which is the death penalty.
What is the difference between norm, law and custom? Consider their relationship on the example of China. A norm is a moral prescription for how one should act. Custom is a common practice, typical, mass actions, what happens as usual. For example, the Confucian norm in China condemns the remarriage of a widow. But such a norm did not become a custom, a widespread practice, and remarriages of widows happened very often.
Under Chinese law, a husband had the right to remarry if his wife died. It fixed the custom and itself encouraged such practice as a mass one, that is, as something ordinary, widespread. On the contrary, the wife's remarriage did not meet the Confucian standards of maintaining chastity.
A custom is a historically emerged stereotypical rule of behavior that is reproduced in any social group or society and becomes habitual for its members. The custom is based on a detailed pattern of actions in specific situation for example, how to treat your family members, how to resolve conflicts, how to build business relationships, etc. Outdated customs are most often replaced over time by new ones that are more in line with modern requirements.
“Custom is older than law,” says Ushakov's dictionary. Let's take a look and try to define what they are in different areas public life.
Does a behavioral pattern always become a habit?
As mentioned above, custom presupposes the presence of a behavioral pattern. But the latter cannot always act as a rule of conduct, since each person has the opportunity to choose one of possible ways actions depending on their interests, goals or objectives.
And customs are formed only under the conditions of stereotyping and familiarity of a particular pattern of human behavior in the current situation. If following a custom is natural and does not require a mechanism of coercion or control over its implementation, then it becomes a social norm of behavior.
An example of the emergence of a legal custom
If a custom is a fixed stereotype of behavior that is sanctioned by the government, then it has received the status of a legal one.
The formation of legal customs occurs as a result of many years of experience (and in this they differ markedly from written law). For example, the creation of a system of law among the peoples of the Caucasus (belonging to the Russian Federation) was greatly influenced not only Russian legislation and Sharia norms, but also the centuries-old traditions of the highlanders.
These, of course, include the veneration of the elders in the family (which, by the way, is also associated with the famous phenomenon of the longevity of Caucasians). Or, for example, a custom that limits contact in the family between people who have different consanguinity (daughter-in-law and father-in-law cannot even meet in the house by chance) - all these norms of customs have acquired the status of legal ones, having been fixed in legislation.
Having become legal, customs also acquire legal significance: that is, a court or other government agency can refer to them as a source of law.
If they are not supported by the government, they remain at the level of everyday norms of behavior. For example, a custom in the Caucasus, officially banned, but actually continuing to exist, or national custom Slavs "wash" each significant event in the family or at work, with which the law is also unsuccessfully fighting so far.
What is a legal custom: an example
By the way, note that authorization legal custom is carried out in the form of a reference to it, and not to its textual consolidation in the law. If the consolidation took place, then the source of law becomes not custom, but normative act in which it is reproduced.
As an example, we can cite the unwritten procedure that was once developed in representative bodies of power: the right to open the first meeting of the newly elected parliament was given to the oldest deputy. In the new Constitution of the Russian Federation (part 3 of article 99) this custom received legal confirmation and, accordingly, the highest legislative force.
Interaction of law and custom
Separately, it is worth considering the relationship between and existing in any society customs. How do statutory rules interact with folk customs, inherent in individual social groups Or sections of society?
Most often, such relationships come down to a few basic options.
- Useful customs for the state and society are supported by legal norms and conditions are created for their implementation (respect for elders, care for children, priorities in property relations, etc.).
- Legal norms periodically serve to oust customs that are harmful to society, such as, for example, excessive alcohol consumption or, among certain nationalities, kalym, blood feud, ransom of the bride and some Sharia norms. There are customs associated with racial or religious intolerance, which are naturally cut off by the state.
- In some cases, legal norms are indifferent to customs, mainly if they relate to interpersonal relationships or everyday behavior.
Examples of legislative consolidation of folk customs
After the custom acquires a legal character and its observance is ensured by the state mechanism of control, it receives a more stable position.
An example is the ancient customs of communal system in Russian villages. They are until the beginning of the 20th century. formed the basis of legal acts of land use and land relations. All disputes that arose in the process of using the allotment were resolved at the village village meeting, and they went to court only in cases where one of the parties believed that the decision was unfair.
The principle of resolving in court, for example, issues such as damage to crops, skew (violation of the boundary during mowing), sowing of a neighboring wedge, etc., was mainly dictated precisely by the customs to compensate for the damage caused by an equal action or determine its price: “you sowed my field , and I will sow yours”, “for the grain harvest harvested from an unauthorized sown wedge - 8 kopecks for the owner, and 8.5 for work.”
Relationship between civil and customary law in Russia
True, in judicial practice Russian Federation in our time, references to are rarely used, since a stable legal system has not yet been finally formed and has not existed for a sufficient time, and public consciousness continues to change, which prevents the creation of a system of established customs that can be a source of law.
On the other hand, the practice of concluding civil law contracts based on the observance of customary norms is intensively developing in the country, and the formation of corporate codes in this way is also practiced. Custom is a source of law that is applicable primarily in the area, since there participants legal relations have a certain freedom choice.
What are business practices?
As already mentioned above, the legal custom has received the possibility of the widest distribution in civil law. The Civil Code of the Russian Federation determines that the custom of business turnover is an established rule of conduct that is universally applied in a particular area entrepreneurial activity, not provided for by law and regardless of whether it was recorded in some document or not.
For example, every Monday at enterprises in Russia it is customary to hold planning meetings, the fare in a fixed-route taxi in most cities of the country is paid immediately at the entrance, and in Irkutsk, on the contrary, at the exit or during negotiations taking place in a cafe or restaurant, unless otherwise agreed, ladies don't pay for themselves. Such customs include a handshake, which reinforces the outcome of any agreement and the legal force that a receipt has, certified only by a signature, etc.
The development of entrepreneurship was the impetus for the emergence of new business rules and business practices. They complement the existing legislative acts in cases where the latter cannot fully satisfy the needs of any area. business relations. So, in it is mentioned, for example, that the fulfillment of obligations must exactly comply with the requirements of the law or legal acts, and in the absence of such, the customs of business. There is a similar reference in Art. 82 contained in Customs Code RF.
How do multinational customs coexist in Russia?
The peoples inhabiting Russia are a multitude ethnic groups having different culture, traditions and customs. This provision throughout the history of the state dictated the need to take into account the national factor in legal regulation.
AT different time the attitude of the state to the possibility of applying the norms of customs was different: from following the principle of free development of national minorities to the definition of criminal liability for making decisions based on the customs of the indigenous population.
But in Russia, regardless of the official position, traditional legal systems have always existed, creating at times a situation of double regulation. By the way, it has been preserved to this day, however, having switched to new level interaction between positive (state) and traditional law.
Conclusion
As can be seen from the above, a custom is a stereotype of behavior, which may also be a source of law. Customs are modified: some of them are introduced by social practice, some are imposed by certain sections of society, some become obsolete and disappear.
Customs act as a norm that complements the law, as well as indicators of the proper and possible in the life of each member of society, they are created by people, and their application contributes to a rise in the level of legal culture, as well as the accumulation of experience in relations between citizens of a state striving for the establishment of an all-round democracy.
AT modern world a person often encounters different situations with some unwritten code of conduct. This situation is often referred to as custom. However, the term itself is quite ambiguous and complex.
The emergence of customs
So what is a custom? The extremely important role of the customs of the peoples different countries world played in the development of the whole human society. They arose even in the "pre-written period". Then they were the main regulator of the life of the community. At that time, people were not always aware of the rational connection of their actions with the results, therefore, in order to survive, they needed to learn the correct algorithm of actions. In the future, this algorithm was transformed, due to which certain norms of behavior appeared, which have come down to our time. Such ancient customs exist in every country. They are honored, respected and observed.
Developing the Significance of Customs
As society developed and writing appeared, customs retained their regulatory functions. For many centuries, there was complete equality between written law and the so-called "customary law", which was laid down by the traditions of the ancestors and transmitted orally. This "customary law" could complement the written texts of laws, but it could also contradict them. Therefore, very often the established custom easily became a source for supplementing written legislation. So Russian customs formed the basis for writing a medieval collection of laws called "Russian Truth".
The Importance of Customs in Modern Life
Today, customs still play an important role in modern society. ancient customs preserved in Everyday life people are absolutely different types and areas of activity. For example, wearing folk costumes or celebrating traditional holidays.
Even in the realm of politics, customs can be found. So in some countries, in the event of certain circumstances, political figure is obliged to leave his post, even if this is not indicated in the legislation. It was the customs that formed the modern order in society and relations between people.
Human life consists of ritual actions that we perform out of habit - without thinking about their true meaning. New year and birthday celebration, wish good morning and nights, rules of conduct - where did all this come from and what is it for? Who said, that black cat brings bad luck, and free space in transport must be given to older people? Of course, the presence a large number signs and rituals associated with the presence of traditions and customs. How do these concepts differ, or do they refer to the same habits?
Traditions is a complex of ritual actions, which includes rituals, daily actions, rules of behavior in society, passed down from generation to generation over a long period of time. The main difference of this phenomenon is its generality and universality, territorial (national) binding. Traditions belong to no one, they can either be respected or ignored.
customs is an action rooted in public consciousness and repeating over and over. They also include the rules that have been formed in a certain field of activity (sports, politics, economics). A custom can be legal, religious, cultural, and certain cases- mandatory to comply. Public sanctions (reprimand, ostracism, coercion) are provided for refusal to perform.
Thus, custom and tradition are practically equivalent concepts, and highlighting the differences between them depends on the interpretation of the definitions. However, upon closer analysis, some features can be noticed. So, traditions are deep customs that have been formed over several generations and become part of the culture. At the same time, this in no way concerns the scope of concepts. Customs are broader as they cover most human life. Traditions can be both professional and family, which depends on the way of life regarding small group of people.
Both customs and traditions are supported and approved by the broad masses of society. This is a kind of outlet, where each person can feel the connection with their ancestors, unity with loved ones. Thus, the tradition of welcoming guests with bread and salt demonstrates the hospitality of the people. The custom is to sit before a long journey, it helps to collect your thoughts and relax a bit.
It is worth noting that folk habits seriously impede the development of society and in critical situation can be not only useless, but also harmful. Deep traditions testify to the culture of the people, their long life and development. Customs demonstrate respect for the ancestors, the heritage that they passed on to their descendants.
Findings site
- The scope of the concept. Custom is a broader phenomenon than tradition. It is very easy to trace concrete examples. Customs can be folk, tribal, territorial, and traditions - family, personal, professional.
- Level. If a custom is just a habit that repeats automatically, then a tradition is a direction of activity, more complex and multifaceted.
- Rooted in consciousness. The custom, as a rule, is less long-lasting than the tradition. This is due to the depth of assimilation of this habit. Passing from generation to generation, a custom becomes a tradition.
- Orientation. The observance of traditions is more aimed at informing the masses. A custom is, first of all, an active action that pursues a specific goal, initially a practical one.
Every family has its own indescribable atmosphere of love, understanding and warmth. Children born in families adopt this atmosphere. How does it arise? A similar halo in the family is created family traditions, customs or laws of family leisure. Often such laws take their roots from family foundations. previous generations- they are strong and unshakable. They create a sense of security family relations, there is a strong bond between family members, close and trusting relationships are maintained, children feel the stability of the family.
What are family traditions: examples
Family traditions are regularly repeated actions of family members aimed at rallying intra-family ties and strengthening the family as the main foundation of society. Traditions are an indispensable attribute of family happiness and well-being, reflecting the moral position of all family members. Each family is individual and has its own history. Family customs allow all members to feel their importance, give time and attention to relatives, show them respect and love.
Tradition examples: co-hosting holidays, themed dinners on weekends, family vacations, bedtime stories or lullabies to children, church attendance on Sundays or religious holidays, children writing letters to Santa Claus on New Year, baking Easter cakes by households for Easter, eating together and many others.
What are family traditions and holidays
- Holding family holidays. This tradition has its roots in the distant past - for centuries it was customary to celebrate holidays with family and friends. The main such holiday should be called a birthday. In most families, it is customary on this day to invite guests to the house, cover festive table, give gifts to the birthday man and by all means blow out the candles on the birthday cake, making a wish. To family holidays include weddings, births, baptisms, etc.
- Holding public holidays. They include everyone's favorite holiday - the New Year. Most families practice the custom of holding it together at a large table, with Olivier salad, traditional for our country, and champagne. Children write letters to Santa Claus asking for the desired gifts. Many families celebrate Easter by baking Easter cakes and lighting them up in the church. Among the national holidays, the World Workers' Day is traditionally celebrated on May 1. On this holiday, most families go on a picnic and cook meat dishes on the grill.
- Games with children. It is important that both parents take part in the upbringing of the child, play with him. During games, the child learns the world, acquires new skills, improves his physical and intellectual level. For example, according to custom, a mother teaches a child to play chess every Saturday, and a father plays football with his son on Sundays. Children love stability, so try not to break the established customs.
- Reading stories before bed. This is the most important tradition in raising children, because fairy tales allow the child to develop imagination, to know the world. In addition, daily reading of fairy tales before going to bed develops a certain mode of going to bed in the child. Even if the child is too small to understand the meaning of what is read, the calm and measured voice of mom or dad will have a calming effect on him. Such an evening ritual will calm even the most active children, contributing to a good sound sleep.
- Family walks. For the development of the physical abilities of the child, and maintaining their own, it is important to take joint walks. During such a walk, you need to communicate, you can see the sights. In order to instill spiritual values, it is advisable for the whole family to visit cinemas, theaters, museums, and exhibitions. Such trips can broaden one's horizons and increase cultural level families in general.
- Kissing tradition. To create an atmosphere of love, it is important to kiss your loved ones more often. It is advisable to kiss children at least twice a day - in the morning when they wake up, in the evening - before going to bed. More frequent kisses and hugs are welcome, even with an older child, because when there is a lack of affection, children grow up callous. It is also important to wish all relatives Good night before a night sleep and good morning, waking up.
- Joint vacation trips. Do not underestimate this type of leisure, because most psychologists recommend regularly changing the environment to maintain good relationships. The main thing is to visit new cities and countries all together in order to escape from routine and everyday life, to expand your horizons.
- Orthodox traditions. These include joint visit churches by Orthodox holidays or every Sunday, celebrating Christmas and Easter, fasting, baptizing children, reading the Bible, prayers before going to bed, regular visits to deceased relatives.
What values underlie family traditions
Family traditions generate and nurture important values in people: love for the family, respect for one's relatives, care for loved ones, a correct understanding of the family and its role in life. Failure to comply with family customs and foundations can lead to a weakening of ties between its members, to the destruction of family ties. Even a cell of society in which love reigns cannot exist without certain important and pleasant customs, for example, joint leisure.
Traditions strengthen in children a sense of gratitude to their parents, as well as to grandparents, instilling respect for the older generation. Spouses customs give a sense of inviolability, stability of family relationships. L.N. Tolstoy said: "Happy is he who is happy at home." A person living in a family that respects traditions will surely be surrounded by care, love, warmth and tenderness. In such a person, family well-being will certainly be transferred to other areas of life.
Family traditions of different countries and peoples of the world
Each nation has its own special traditions related to all areas of life, and especially the family. This is due, first of all, to the fact that each nation or country has its own special geography, location, climate, history, unique culture, adheres to different religions. All these factors influence the formation of cultural and family customs. Family traditions, in turn, shape the worldview and attitude to life. Such family structures have existed for centuries, practically unchanged, passing from older family members to younger ones.
Family cultural traditions in Russia history and modernity
If we turn to history, it becomes obvious that there are many traditions in Rus'. From time immemorial, the main family custom in Russia has been genealogy - in the past it was considered indecent not to know one's family, and the expression "Ivan, who does not remember kinship" was an insult. An integral part of the family structure was the compilation of a pedigree or family tree. Also known are such traditions of the Russian people as the transfer of valuable things from generation to generation and naming a child in honor of one of the respected ancestors.
AT modern Russia the importance of family customs was somewhat lost. For example, nowadays you rarely meet a family leading their own genealogy. Often the memory of generations is reduced to an album with photographs. But such wonderful traditions as a joint meal and holding joint holidays have been preserved. Family customs and traditions in the Kuban still suggest a Cossack life, raising children in the spirit of a Cossack family.
Traditions in Germany
There is a stereotype that the Germans are extremely pedantic. The most strict traditions among the Germans relate to the family:
- it is customary to treat your home with the utmost care, carefully cleaning it and bringing beauty to it;
- it is not customary to leave grandchildren to be raised by their grandmother or grandfather - for this it is necessary to determine the amount of money for them;
- parents in old age do not live with children - they are looked after by nurses or they live in special boarding houses;
- At Christmas, it is customary for the whole family to gather in parental home;
- The Germans are prudent and economical, so they have a tradition of saving for old age, during which they usually travel a lot around the world.
In England
The British have traditions - these are the three pillars on which the Earth rests, so they honor them with special trepidation. Who does not know about the notorious English custom to drink tea? Family gatherings and discussions are sure to be held over a cup of real Earl Gray with milk. The British are Catholics, so they especially celebrate Christmas and Thanksgiving, gathering with the whole family, preparing traditional dishes. An excellent tradition among the British must be called the custom of giving children a good education. It is considered bad form not to send your child to a private boarding school or college.
In France
In France, the custom is widespread - on Sundays to gather at a common table, drink wine and have a meal. Of the holidays, the French like to celebrate Christmas, gathering in their parents' house. At the festive banquet, there are always such delicacies as foie gras, salmon, seafood, iscariot snails and noble cheeses. The traditional drink for Christmas is champagne, and the dessert is “Christmas log”.
In India
India is a country of the strictest family customs and traditions. Indian society is divided into social castes, so the issue of marriage is approached very unusually there. The father of the family must himself choose the future groom for his daughter, she was given in marriage only to a representative of her social caste. A lavish wedding celebration is more of a duty than a wish. The bride traditionally had to provide a dowry. Divorce and remarriage in India used to be prohibited.
Indian family life is greatly influenced by Buddhist traditions. According to them, a man should:
- Show respect for your spouse.
- Do not change.
- Provide for a family.
- Teaching children the craft.
- Choose the right pair for the kids.
A woman must:
- Respect your husband.
- To raise children.
- Perform all household duties.
- Don't cheat on your husband.
- Fulfill all the wishes of the spouse.
Tatar traditions
Tatars are Muslims, so family structures are based on Sharia and the Koran. Among the Tatars, the creation of a family is considered a necessity dictated by religion. Interestingly, after marriage, the husband receives full power over his wife, and the wife is dependent on him - she does not even have the right to leave the house without the consent of her husband. Divorces among Tatars are extremely rare, exclusively at the initiative of the husband. It is customary for children to be brought up by their wife, but they are required to show complete obedience to their father.
What family traditions are important in raising children
Family customs play essential role in raising children. It is extremely difficult to instill traditions in an adult, so they are often passed down from generation to generation from parents to children. Children perceive the world the way their parents do, therefore, pleasant family customs determine the child's perception of the family as the main element of his life, as well as determining its place in the value system.
Traditions will be useful family reading before going to bed, singing lullabies, kisses at every meeting, joint dinners, walks. They define in the child the concept of stability, inviolability family ways, give a sense of cohesion, make children more tender and affectionate. It is also important to instill from childhood the custom of respecting and honoring one's ancestors by regularly visiting them on holidays.
Proverbs and poems about family traditions
There are many instructive proverbs about family customs and traditions:
- "What is the treasure when the family is in harmony."
- "Children are not a burden, but a joy."
- "When the sun is warm, when the mother is good."
- "Not the mother who gave birth, but the one who raised."
- "A family is strong when there is only one roof over it."
- "The whole family is together, and the soul is in place."
- "A tree is supported by roots, but a man is a family."
- “If I have granddaughters, I know fairy tales.”
- "Don't hide your failures from your parents."
- "Honour your parents - you will not go astray from the true path."
- "In a family where they help each other, troubles are not terrible."
Poems about the family, as well as traditions, see the photo below:
Family traditions are one of critical aspects life of everyone, therefore it is so important to cultivate and support them in every possible way. Family life without traditions would be boring. It's great when young families do it themselves, relying on experience family life their parents, adding to them their personal moments. the main objective- rapprochement with the rest of the relatives, building a strong reliable family, as well as enjoying communication with loved ones. Be happy!
