In the Mesopotamia region of Babylonia tribal customs were converted into social laws thousands of years ago.  Laws also existed in ancient Greece. Our knowledge of ancient Greek laws come from various Homeric writings.  As well, the Roman law was the legal system not only in ancient Rome, but was applied throughout Europe until the eighteenth century.  Many European modern laws are still influenced by Roman law.  English and North American common and civil laws also owe some debt to Roman ancient law.

For a long time, customary law dictated human activities by reflecting the conduct of people towards one another.  Under customary law, rules spontaneously emerged and evolved to settle a dispute between people.  These spontaneously born rules are voluntarily followed by the parties involved in the dispute and are more likely to be satisfying to the parties than a rule imposed on them by a authoritative body.  The customary law was the process that lead to the discovery of natural law.  Natural law is the indisputable standard to which laws must be consistent in order to be legitimate.  In other words, we can say that natural law is the body of rules of right conduct and justice common to all people.  By comparison, common law is a system by which a law comes to pass based on some legal precedent. 

Historically, Anglo-Saxon customary law involved a group of people known as Bohr. The group pledged a guarantee for each of its members.  Each individual would secure his/her property claims by accepting the obligation to respect the property rights of others.  The group would then pay the fines for any member found to be in violation of the agreement.  Since finances were at stake, the group had a compelling reason to police its members and often revoke the membership of those found in violation of the rules.  Moreover, it was also common to socially outcast those who violate the rules.  If the outcast member pays restitution, then they may be allowed to become members of the group again.  These rules that evolved spontaneously settled disputes between people in a civilized manner thus eliminating violent measures.  In many cases, the process involved appeals and mutual arguments.  This process and these two way arguments are similar to financial organizations (in our time) such as insurance companies.

Early Anglo-Saxon courts were assemblies made up of common people and neighbors.  These early courts passed their judgment according to customary law.  This ensured non violent means for resolving conflicts.

In the middle ages, there was a commercial and trade law that governed the trade and commercial transactions throughout Europe.  This law emerged due to the need for certain standards to regulate international trade.  Europe wide court systems and legal orders were created and those who did not abide by the rules, regulations and decisions of this system were excluded from the social as well as business community.  That is, the suffered the consequence of not being able to conduct business transactions in the future.

Essentially, customary law seeks to protect individual rights and through non violent means.  The economic penalties imposed on the guilty party is meant to compensate the victim in the dispute.  The guilty party is compelled to make payment in order to evade social and commercial exclusion.  At the same time, the process allows space for every individual including the presumed guilty party to speak, argue and express their disagreement.