Answer
Legal Sources of law are as follows
1) Legislation
2) Precedent
3) Custom
4) Agreements
Showing posts with label Jurisprudence. Show all posts
Showing posts with label Jurisprudence. Show all posts
Tuesday, 4 April 2017
What are types of material sources of law ?
Answer
There are two types of material sources of law are as follows:
1) Legal
2) Historical Sources
1) Legal Sources of law :
It includes Legislation, precedent, custom recognised by courts, agreements, conventions and treaties.
2) Historical Sources of law :
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.
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.
What are kinds of Law ?
Answer :
Sir John Salmond has classified law in it's widest sense in eight different kinds which are as follows :
1) Imperatives Law
2) Physical or Scientific Law
3) Natural or Moral Law
4) Constitutional law
5) Customary Law
6) Practical or Technical Law
7) International Law
8) Civil Law
What are kinds of Jurisprudence ?
Answer :
According to Salmond there are three kinds of Jurisprudence are as follows
1) Legal Exposition
2) Legal History
3) Science of Legislation.
Branches of Jurisprudence :
1) Analytical Jurisprudence
2) Historical Jurisprudence
3) Ethical Jurisprudence
What are contents or subject matters of Jurisprudence ?
Answer :
Following are the subject matter/ contents of Jurisprudence
1) Sources
The study of sources of Law such as custom, legislation and precedent.
2) Legal Concepts
It includes analysis of legal Concepts such as rights, obligations, Property ownership, possession, acts, negligence, legal personality and the related issues.
3) Legal theories :
legal theories concerned with law as exists and it's function in the society, the manner in which law is made and enforced, influence of social opinion and law on each other . Legal theories relates with others branches also such as philosophy, politics religion ethics etc.
Legal theory is an attempt to answer what is law.
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