8 Main Sources of Law | What are the sources of Law?

 

What are the Sources of Laws?

(1)  Introduction To Source Of Law:-

There are various sources, which pave a way for legislation. These sources play an important role and contribute a lot especially in making of any law. As far as jurisprudence is concerned, study of sources of law is of great significance.

(2)  Definition Of Sources Of Law:-

Sources of law mean those things or bases, from which a law is derived. In simple words, sources of law can be defined as those sources from which legislature draws a law.

 (3)  Different Sources Of Law:-

No-doubt there exist some differences among scholars as far as number of sources of law is concerned, but this reality can not be ignored that there exists some relation among all sources of law. Some important sources of law are:

        (i) Formal source of law
(ii)  Material source of law
(iii)   Customary source of law
(iv)  Legislation
(v)  Precedents
(vi)  Convention
(vii)   Equity
(viii)   Religion or Faith

 (i)   Formal Source of Law:-

 Formal source of law is that source, which makes law authenticated. In fact, law derives its image, impression, effect and lawfulness from this kind of source. Basic philosophy, which works behind this kind of source of law, is that a law can not assume impression, image and effect of an authenticated law unless it is not enforced by some enforcement power and such power can be a sovereign. And it is this sovereign, which not only manages to enforce law through enforcement force like police, but also manages to award sentences to offenders of law through courts.

 (ii)   Material Source Of Law:-

 That source of law, from which substance of law is derived, is called material source of law. All other sources except formal source of law are related and connected with material source of law.

 (ii-a) Kinds of Material Source of Law:-

According to some scholars, material source of law can be further classified into two different kinds and these kinds are:

a)  Unauthenticated or historical source of law

b)  Authenticated or legal source of law 

a) Unauthenticated or Historical Source of Law:-

Unauthenticated or historical source of law is that source of law, which has cost influence on evolutionary stages of law during historical periods, but has failed to achieve legal authenticity. This kind of material source of law is about writings of legal scholars of history. The concepts and opinions of scholars of history are of great historical importance. Although their opinions have not received legal authenticity, yet influence of their opinions upon law can not be historically ignored. The reason is that their opinions have played important role behind legislation.