Sources of Law: Meaning and Types
An analysis of the origins and classifications of legal principles.
1. What is Law?
Law refers to a set of rules or regulations that are legally binding and applicable to everyone in a society. Its purpose is to ensure justice, resolve conflicts, and maintain order. As Thomas Hobbes emphasized in Leviathan, the absence of law leads to chaos.
2. What is Sources of Law?
Sources of law refer to the origins of legal principles. These include customs, precedents, legislation, religion, and morality. In modern times, judicial decisions and legislation are the most significant sources.
3. Customs
3.1 Meaning
Customs are long-standing practices followed by a community. Over time, these practices can become legally recognized.
3.2 Essentials of Customs
- Antiquity: Must be practiced over a long time.
- Public Knowledge: Cannot be secretive.
- Reasonableness: Must align with societal norms.
- Non-Contradiction with Law: Must not conflict with prevailing legislation.
3.3 Types of Customs
- Without Sanctions: Practices followed voluntarily.
- With Sanctions: Legally recognized customs, further divided into:
- Legal Customs: Accepted by courts.
- Conventional Customs: Binding within agreements.
4. Precedent
4.1 Meaning
Precedents are judicial decisions used as a guide for future cases, especially in a hierarchical legal system.
4.2 Essentials of Precedent
- Binding Nature: Lower courts follow higher courts’ decisions.
- Hierarchy: Precedents depend on the rank of the court.
- Judge-Made Law: Judges expand and interpret legal principles.
4.3 Types of Precedent
- Ratio Decidendi: The reasoning behind a judgment (binding).
- Obiter Dicta: Judicial observations (persuasive).
5. Legislation
5.1 Meaning
Legislation involves creating formal laws through recognized authorities and is one of the most significant sources of law.
5.2 Essentials of Legislation
- Legal Backing: Created by recognized authorities.
- Formal Procedures: Enacted through specific processes.
- Recognition: Accepted widely by institutions.
5.3 Types of Legislation
- Supreme Legislation: Enacted by Parliament or sovereign authorities.
- Subordinate Legislation: Includes rules by delegated authorities, such as:
- Autonomous Law
- Judicial Rules
- Local Laws
- Colonial Law
- Executive-Made Rules
Summary
Customs, precedents, and legislation together form the backbone of any legal system. While customs provide a traditional basis, precedents guide judicial interpretation, and legislation ensures formalized and authoritative legal rules. These sources collectively maintain societal order and justice.
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