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    The Sources of Law

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    mstselinabegum74
    Legal sources of law include legislation, precedent, custom, agreement, and professional opinion. Material sources are the underlying subject matter of laws and can be either legal sources that are authoritative, like statutes, or historical sources that were not originally authoritative but later became legal principles, like the works of philosopher Jeremy Bentham. The key legal sources are legislation created by parliaments, precedents established by case law in courts, customs reflecting societal practices, agreements between parties, and opinions of legal experts.

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    The Sources of Law

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    mstselinabegum74
    8 views6 pages
    Legal sources of law include legislation, precedent, custom, agreement, and professional opinion. Material sources are the underlying subject matter of laws and can be either legal sources that are authoritative, like statutes, or historical sources that were not originally authoritative but later became legal principles, like the works of philosopher Jeremy Bentham. The key legal sources are legislation created by parliaments, precedents established by case law in courts, customs reflecting societal practices, agreements between parties, and opinions of legal experts.

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    The-Sources-of-Law

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    Legal sources of law include legislation, precedent, custom, agreement, and professional opinion. Material sources are the underlying subject matter of laws and can be either legal sources that are authoritative, like statutes, or historical sources that were not originally authoritative but later became legal principles, like the works of philosopher Jeremy Bentham. The key legal sources are legislation created by parliaments, precedents established by case law in courts, customs reflecting societal practices, agreements between parties, and opinions of legal experts.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    8 views6 pages

    The Sources of Law

    Uploaded by

    mstselinabegum74
    Legal sources of law include legislation, precedent, custom, agreement, and professional opinion. Material sources are the underlying subject matter of laws and can be either legal sources that are authoritative, like statutes, or historical sources that were not originally authoritative but later became legal principles, like the works of philosopher Jeremy Bentham. The key legal sources are legislation created by parliaments, precedents established by case law in courts, customs reflecting societal practices, agreements between parties, and opinions of legal experts.

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    of 6

    According to Salmond:

    Legal

    Material

    Historical
    Sources of law

    Formal The Will of


    the State
    Continues…
    • Legal Sources are of different Kinds:
    • Legislation
    • Precedent
    • Custom
    • Agreement
    • Professional Opinion
    Formal Source
    • Formal source:
    The source from which a rule of law derives its force and validity. It is
    the will of the State, as manifested in statutes or decisions of the
    courts. For example, if the law is the command of the sovereign, then
    such sovereign is the formal source. If the law is valid because it is the
    product of an inner sense of right, then such a sense of right is the
    source of law. If the law is valid because it is the product of custom,
    then the habits of the people are the source of the law.
    Material Source
    • Material Source: It is related to the matter of the law itself, not
    to the validity of the law.
    There are two kinds of material sources:
    • Legal: Legal sources are authoritative. They are allowed by the courts as of rights.
    They are basically the instruments or organs of the State by which legal rules are
    created.
    • Historical: Historical sources are sources where rules, subsequently turned into legal
    principles, were first to be found in an unauthoritative form. They are not allowed by
    law Courts as of right. For example, one can say that both Acts of Parliament and the
    works of Bentham are material sources of English law. Yet, whereas, the acts of
    Parliament become law forthwith and automatically, what Bentham says, may or
    may not become law, and even if it does, it does so, not as a matter of right, but
    because of its acceptance by the legislature or the judiciary.
    There are five kinds of Legal Sources.

    • Legislation: Law that has its origin in legislation is called enacted law. It is also
    called statute law.
    • Precedent: It establishes the law by the recognition and application of new rules
    by the Courts themselves in the administration of justice. Precedents produce
    case laws.
    • Custom: Custom is to society what law is to the State. Each is the expression and
    realization, to the measure of men’s insight and ability, of the principles of right
    and justice.
    • Agreement: The terms of the agreement constitute conventional law for the
    parties. A rule of civil law may be overridden by a treaty between two nations.
    • Professional opinion: professional opinion of eminent jurists may be called
    juristic law. The classic works of legal scholars have also been treated influentially
    as a source of law.

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