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SOURCES OF LAW
1. INTRODUCTION:
According to Allen “the term sources denotes those agencies by which the suits of conduct acquire the character of law by becoming objectively definite, uniform and above all, compulsory.
2. MEANING OF THE TERM SOURCE:
According to Black’s Law Dictionary that form which any act, movement, information of effect prodeeds.
3. MEANING OF THE TERM SOURCE OF LAW:
According to John Austin, the term refeers to the immediate or direct authority of the law which means the sovereigh in the country.
4. SOURCE OF LAW:
(i) Custom or Usage:
It is the earliest source of law. A custom is the habit of the people, handed down to them from generation to generation astheir traditions.
(II) Religion:
Religiion, magic and belief have been very old sources of law. The religious law became the source of law e.g. The Muslim law is derived from the Holy Quran and the Hadith.
(i) Juducial Decsions:
Judges are primarily concerned with the settlement of disputes according to the existing law. But sometime a case may be of such a nature that the existing law may not cover it fully. Such decisions are called judge-made laws, precedent or case-law.
(ii) Scientific Commentaries:
The commentaries of the reputed jurists and great writers on law also become a source of law. A legal commentator compares, discusses and comments upon the laws and finds their principles.
(iii) Equaity:
The term equity means justice or fairness. In law, it means the power of a judge to decide a case according to his sense of justice.
(iv) Legislation:
Legislation is the most prolific source of law now a days. Custom religiion and other earlier sources of law are unable to copy with the fast changing and complex conditions. The laws made by the legislature are called statutes.
1. INTRODUCTION:
According to Allen “the term sources denotes those agencies by which the suits of conduct acquire the character of law by becoming objectively definite, uniform and above all, compulsory.
2. MEANING OF THE TERM SOURCE:
According to Black’s Law Dictionary that form which any act, movement, information of effect prodeeds.
3. MEANING OF THE TERM SOURCE OF LAW:
According to John Austin, the term refeers to the immediate or direct authority of the law which means the sovereigh in the country.
4. SOURCE OF LAW:
(i) Custom or Usage:
It is the earliest source of law. A custom is the habit of the people, handed down to them from generation to generation astheir traditions.
(II) Religion:
Religiion, magic and belief have been very old sources of law. The religious law became the source of law e.g. The Muslim law is derived from the Holy Quran and the Hadith.
(i) Juducial Decsions:
Judges are primarily concerned with the settlement of disputes according to the existing law. But sometime a case may be of such a nature that the existing law may not cover it fully. Such decisions are called judge-made laws, precedent or case-law.
(ii) Scientific Commentaries:
The commentaries of the reputed jurists and great writers on law also become a source of law. A legal commentator compares, discusses and comments upon the laws and finds their principles.
(iii) Equaity:
The term equity means justice or fairness. In law, it means the power of a judge to decide a case according to his sense of justice.
(iv) Legislation:
Legislation is the most prolific source of law now a days. Custom religiion and other earlier sources of law are unable to copy with the fast changing and complex conditions. The laws made by the legislature are called statutes.