Sources of Law – What are the Main Sources of Law

The idea that legal rules always come from sources of Law may have some advantage over the fact that the concept of a legal source is ambiguous. The term “legal source” has legal meanings in at least two senses.

  • sources of origin,
  • sources of legal validity.

Secondary sources examples

In addition to the source of the source and the source of the justification, it is possible to distinguish between “scientific sources”. Some means can be used to find out what the law is. For example, examining the texts of treaties, legislation, court decisions, and theoretical literature to determine the content of the Sources of Law.

Sources of Law
Sources of Law

Customary Law

The concept of the original source is closely related to the various ways in which legal principles and principles can exist. That law was actually the traditional law, that the law contained laws that were actually used and accepted as binding. For this reason, conventional law is generally regarded as the source of law, and it simply means that part of the law exists (or exists) in the form of conventional law.

Rationalist Law

Other parts of the law, such as legal principles – and human rights to the extent that they and their interpretation are not made into a code of conduct – are considered law because they appear to be part of the law. This trend is further strengthened if reasonable principles and principles are recognized in legal theory or even in documents that have the status of soft law. In this sense, reason is also a source of law.

Created Law

So far, most laws have made a law, a law that was enacted by an institution that had the power to do so, such as the legislature, the court (in the tradition of common law), or States that have agreed. Therefore, legislation, lawsuits, and treaties are also seen as sources of law.

What they all have in common is that they represent the ways in which the law, in fact, came into being. Law is born of tradition, reason, ideology, legislation, precedent, and treaties, and is expressed by saying that custom, reason, theory, and so on are the original sources of law.

The observation – that law has come into being in many ways – is nothing more than a fact, which has no legal significance. Such sources have nothing to do with the content of the law. However, this differs from the correct sources.

Secondary sources of law

Sources of Validity

The legal relevance of the means of verification is related to two related phenomena:

  1. Legal rules can be made by individuals who have, or institutions that have the authority to do so. These rules, which are valid because they were made by recognized regulators, are called institutional rules.
  2. The “source article” states that only rules can be legal rules that are derived from the source of the law: from a reputable source.

The source’s article is strongly linked to legal positivity, a theory that law is something that is made.

We have seen that throughout history, legal rules have come into being in different ways, representing different sources of law. All these sources are the forms in which the law has in fact appeared in the course of history. The fact that the law appeared in these forms does not mean that the rules were considered law because they appeared in that form.

Primary sources of law

Judicial decisions in civil law countries illustrate this point well. In the tradition of civil law, judges are not bound by the decisions of their predecessors or high courts. However, these decisions lead to the law in a way that is different, but not so different, as the way they lead to the law in countries with common law. There are no precedents.

It is considered binding, but it is still used as a law. Because paradigms are in fact understood as law, they are a source of law in the sense that they are a form in which law begins. But it is not a legal duty to consider them as law. Therefore, in the tradition of civil law, parables are merely the source of the essence of the law, but not the source of truth.

Today, most legal rules are valid because they were formulated with the intention of becoming part of the law. In other words, at present, most laws are positive laws. It is so obvious that it requires some explanation as to why it is not really clear.

Leave a Comment