From time to time we read about the old laws of the country and the new laws that are emerging. For eons, our country has been making laws. Even before these laws were codified, there were some basic laws that people were required to follow. Have you ever thought about what the sources of law can be?
The answer to this question and many more related ones can be found in a subject of law known as “Jurisprudence”. The term “jurisprudence” actually derives from the Latin word “jurisprudence.” This Latin term literally means knowledge or science of law. While the other disciplines or subjects of law deal with law in its codified form, jurisprudence as a subject deals with the science and philosophies of law.
Although jurisprudence is an extremely broad area of study, it also talks about the sources of law. Let’s delve a little deeper into the subject.
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sources of law
There is no single source of law; instead, there are many sources of laws in a society. Some laws make it into the constitution of that society, while others are passed by parliament. Some other laws come from social traditions.
The main sources of law are:
- Legislation
- Customs
- Judicial precedents
Let us choose each of these sources of law, one by one.
Legislation
Legislation is an important source of law. The term legislation actually derives from the Latin words legis and latum which mean “law” and “to do”, respectively. Therefore, in simple terms, the term legislation means “making of a law”.
The prominent jurist Salmond defined legislation as that source of law that contains the declaration of legal norms through a competent authority.
Customs
The second important source of law is customs. Refers to any established mode of social behavior in a community. There are innumerable dimensions of human behavior that are accepted by society and become customs.
Judicial precedents
In all legal systems in the world, judges take as reference and guidance the decisions made in the past if they fit well with the case at hand. These decisions are collected in reports and are called judicial precedents.
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Source: sef.edu.vn