That's fine although keep in mind customary law has a definitive (even legal) definition and does exist but it doesn't help me find a sound basis for the law which was my original concern, something similar to what I found for morality.
Ok. Well, I think you answered your own question in
>>9
Unforuntately the codification of customary law by the state seems to negate much of what makes it customary law,
I'd say that state codification negates all of it. Custom emerges from the community and is enforced by the community. The basis for it is the memory, habits, and way of life of the people that live it. Honour and personal interest would play a part as well. It will be different in each locality and time period.
Once the state writes down whatever it thinks custom dictates and starts to enforce it systematically through state agents as "customary law", there's nothing customary about it. It's just law that the state justifies as custom. It's a tidy way of writing communities out of the process of making and enforcing decisions about their own affairs.