Sources of Law is one of the first subjects of study for a law student. Knowledge of the classification of sources of law, as well as the possibility of their application, will help to avoid difficulties in studying this issue.
Reflection of the will of the state
The definition of the concept of "source of law" has been taking shape since the emergence of the first states and their legal basis. States created various norms, the adherence to which was an important aspect of the life of their subjects. Gradually, the will of the state began to be consolidated in various forms, which were later called sources of law.
First source of law
Historically, scholars consider legal custom to be the first source of law. Customs appeared and gradually developed, turning into a generally binding prescription that was followed by new generations of people. At the same time, legal custom often developed in a localized manner, without going beyond the boundaries of a certain area. A distinctive feature of this source of law is the oral nature of the transfer of the established rule.
An example of the existence of a legal custom in modern Russian law is the custom of business turnover in entrepreneurial activity, which is a rule of behavior not provided for by civil law.
The basis of modern legislation
A normative legal act is the core of the legislation of most modern states. As a source of law, he enshrines in an official document the rules of conduct that are binding on everyone, which are applied many times. Regulatory legal acts can be of several types:
- Basic Law (Constitution)
- Laws (Federal Laws, Federal Constitutional Laws and others)
- By-laws (acts of parliament, decrees of the President and others)
The basis of the Anglo-Saxon legal system
Legal precedent is called the main source of law in the USA, England, New Zealand and in some other countries. It can be characterized as a reference decision on any legal issue, which will be a model under a similar set of circumstances.
Types of legal precedent:
- Judicial precedent
- Administrative precedent
State and interstate agreements
A legal contract is an agreement between legal entities based on legal norms established and sanctioned by the state. Usually, one of the parties to such an agreement is always the state, conducting its will through it. Treaties can be concluded both between states and within one state. For example, in 1992 between the Russian Federation and its constituent entities, a Federal Treaty was concluded that regulates legal relations between the center and the regions.
Legal Science
Throughout human history, scientists have developed their views on various legal processes, as a result of which various doctrines and ideas have appeared. Subsequently, doctrines and ideas became a direct source of law. Currently, legal doctrines are the leading source of law in Muslim countries.
