From time to time we read about the old laws of the country and the new ones that are emerging. For ages, our country has had laws. Even before these laws were codified, there were some basic laws that people were forced to follow. Have you ever thought about what the origin of the law is?
The answer to this and many other related questions can be found in a law topic called “Law”. The term “jurisprudence” is actually derived from the Latin word “lurisprudence”. This Latin term literally means knowledge or science of law. While other branches or subjects of law deal with law in a codified form, Jurisprudence as a subject deals with the science and philosophy of law.
Although jurisprudence is an extremely broad field of study, it also deals with the sources of law. Let’s go a little deeper into the topic.
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The source of the law
There is no single source of law; rather, there are many sources of law in a society. Some laws are incorporated into that society’s Constitution, while others are passed by parliament. Some other laws come from social traditions.
The primary sources of law are:
- Law
- Customs
- Legal precedents
Let’s select each of these law sources, one by one.
Law
Law is an important source of law. The term law is actually derived from the Latin words legis and latum, which mean “law” and “implementation” respectively. So, to put it simply, the term law means “to make laws”.
The famous jurist Salmond defined law as a source of law containing a statement of legal provisions through an authority.
Customs
The second important source of law is custom. It refers to any established mode of social behavior within a community. There are countless aspects of human behavior that are socially acceptable to become custom.
Legal precedents
In every legal system globally, judges consult and guide decisions made in the past if they are relevant to the ongoing case. Such decisions are aggregated in reports and are known as judicial precedents.
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Source: pagasa.edu.vn