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    Source of Law

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    Toaha Nasif
    This document discusses the sources of law. It defines jurisprudence and outlines John Salmond's classification of sources into material sources, such as legal sources like legislation, precedent, customary law and conventional law, and historical sources like foreign court decisions, and formal sources through which the state manifests its will, like statutes and judicial precedents. Legislation, enacted by the legislative organ, is one of the most important legal sources.

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    Source of Law

    Uploaded by

    Toaha Nasif
    17 views9 pages
    This document discusses the sources of law. It defines jurisprudence and outlines John Salmond's classification of sources into material sources, such as legal sources like legislation, precedent, customary law and conventional law, and historical sources like foreign court decisions, and formal sources through which the state manifests its will, like statutes and judicial precedents. Legislation, enacted by the legislative organ, is one of the most important legal sources.

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    Source of law

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    This document discusses the sources of law. It defines jurisprudence and outlines John Salmond's classification of sources into material sources, such as legal sources like legislation, precedent, customary law and conventional law, and historical sources like foreign court decisions, and formal sources through which the state manifests its will, like statutes and judicial precedents. Legislation, enacted by the legislative organ, is one of the most important legal sources.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    17 views9 pages

    Source of Law

    Uploaded by

    Toaha Nasif
    This document discusses the sources of law. It defines jurisprudence and outlines John Salmond's classification of sources into material sources, such as legal sources like legislation, precedent, customary law and conventional law, and historical sources like foreign court decisions, and formal sources through which the state manifests its will, like statutes and judicial precedents. Legislation, enacted by the legislative organ, is one of the most important legal sources.

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    Prepared by

    Asaduzzaman Nur
    Joint Secretary
    Legislative and Parliamentary Affairs Division
    Ministry of Law, Justice and Parliamentary Affairs
    asadnur13@gmail.com
    01916039027
     The word ‘Jurisprudence’ is derived from the Latin
    word jurisprudentia, which means science or
    knowledge of law.
     There are various sources from which we derive
    law. Several jurists and scholars have attempted to
    classify the sources of law.
    Source of law

    material sources formal sources

    historical sources
    legal sources (decisions given by Legislation
    foreign courts)

    Legislation Precedent Customary law Primary/principal Secondary/delegated

    Act, Ordinance, Rules, regulations,


    Order, Regulations, bye-laws,
    Presidential Rules notifications, ect.
    Kinds of law

    National law International law

    Private international law


    Public international law
    (regulates the relations
    Public law Private law (regulates the relations between State and
    between the States) individual or individual of
    two different Sates)

    Law of persons Law of property


    Constitutional law Administrative law Criminal law
    (personal law) (Contract, tort, etc)
     “Law is the commend of the sovereign”- Austin
     John Salmond, a legal scholar renowned for his
    ideologies on law in the field of jurisprudence,
    classified the sources of law into mainly two
    categories, i.e.-
    1. material sources, and
    2. formal sources.
     1. Material sources: Material sources of law are those
    sources from which the law gets its content or
    matter, but not its validity.
     There are two types of material sources –
    (i) legal sources and
    (ii) historical sources.
     (i) Legal sources:
     Legal sources are the instruments used by the
    state which create legal rules.
     They are authoritative in nature and followed by
    courts of law. These are the sources or
    instruments that permit newer legal principles to
    be created.
     They are classified into four categories-
     (a) Legislation,
     (b) Precedent,
     (c) Customary law, and
     (d) Conventional law.
     (ii) Historical sources:
     Historical sources are sources that influence
    the development of law without giving effect
    to its validity or authority.
     These sources influence legal rules indirectly.
     The difference between legal and historical
    sources is that all laws have a historical
    source but they may or may not have a legal
    source.
     Decisions given by foreign courts serve as an
    example for this kind of source.
     2. Formal sources
     Formal sources of law are the instruments
    through which the state manifests its will.
     In general, statutes and judicial precedents
    are the modern formal sources of law.
     Law derives its force, authority, and validity
    from its formal sources.
     Legislation refers to laws enacted by the
    legislative organ of the government.
     It is one of the most important sources of law
    in jurisprudence.

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