Tuesday 4 April 2017

What are sources of Law ?

Answer 

There are two types of sources of Law namely 1) Formal Sources and 2) Material Sources.

1) Formal Sources of Law

                   The formal sources also called Actual or Ultimate Sources of law. It is that source of law which gives the validity or authority for the enforcement of law .


2 ) Material sources of law - 

                 The materia sources of law are those from which are derived the "matter" and not the validity of law. Material sources deal with the substance, elements or constituent material of the law. 

Material sources are of two types 

1) legal 2) historical.

Legal sources of law are as follows :

1) Legislation

2) Precedent

3) Custom

4) Agreements

5) Conventions

6) Treaties

Historical Sources : 
  
 These types of sources are unauthoritative.  They are Sources but they have no legal recognition. 

Examples : Juristic writing, foreign decisions and numerous other things from which a judge derives help in shaping his judgement. 


Historical Sources are also two types 1) religious and moral 2) literary Sources of Law.
 

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