Sources Of Law

Sources Of Law

Jazib IqtidarBBA - 4 (B)

Since time immemorial every society has its own law.

Law is a social science – grows with society.

Law means different things in different times – highly dynamic concept with core values

Dharma (Hindu), Hukum (Islamic), Jus (Roman), Droit (French), Richt (German)

Romans: Law is the standard of what is just and unjust.

Austin: Law is the aggregate of rule set by men as politically superior, or sovereign, to men as politically subject. In other words, law is command of the sovereign.

Wikipedia: Law is a system of rules, usually enforced through a set of institutions. It shapes politics, economics and society in numerous ways and serves as a primary social mediator of relations between people.

CustomPrecedentLegislationMorals and equity

AntiquityContinuancePeaceable enjoymentObligatory forceCertaintyConsistencyReasonableness / public policy Conformity with statute law

According to Oxford Dictionary, Precedent is a previous instance or case which is, or may be taken as an example of rule for subsequent cases, or by which some similar act or circumstances may be supported or justified.

Precedents are the results of creative role of the judges while dealing cases.

Res judicata is an instance of precedent.Stare decisis (stand by decided cases),

ratio decidendi (law declared)

Promulgation of legal rules by an authority which has the power to do so. (Parliament, Legislatures, President, Governor, King/Queen etc.). Also known as Supreme Legislation.

Subordinate / Delegated legislation (Rule making power of executive)

Laws based on morals and ethics.Laws based on fairness and equality.