SOURCES OF LAW

Dr.Rabbiraj.CVIT Law SchoolVIT University

SOURCES:

“Origin”

2 Main Sources of Law:

Formal

Material

Material Sources:

Legal

Historical

Formal Sources:

Salmond: from which law derives its force & validity

Will of the state

Manifested in statutes or decisions of the courts

Material Sources

Salmond: from which matter law takes it shape

Legal sources

Historical sources

Legal Material SourcesRecognized by Law itselfAuthoritative & allowed by courts as of rightOnly gate through which new principles can find

entrance into law

Historical MatterialSources:Unauthoritative Lacking formal recognition by lawNo legal recognitionOperate indirctly & mediatelySpeak with no authority

Kinds of Legal Material Sources

1. Immemorial Customs or Prescription

2. Judicial Decisions, Precedents

3. Acts of Legislature

4. Equity

5. Conventions

Sources of Law in IndiaSrutiSmritiConduct of the virtuousOne’s own conscience

Mohammedan LawKoranSunnat & AhadisIjmaQiyas