SOURCES OF LAW: MAIN CHARACTERISTICS - CULTURE VOCABULARY - 2025

The sources of law are those elements that give power to the authority to make judicial and legislative decisions. A constitution or statute are considered sources of law.

These sources are the sources from which authority and force of coercion derive; They include any records, document or decree, among others, which can be used to find out the rights involved in a particular situation.

For example, a Constitution is an act of the population, carried out by representatives elected for that purpose.

This is the supreme law and is binding on all future legislative bodies, until it is altered again by the authority of the people.

Generally, the laws of the states or municipalities are constitutionally made by the state legislatures, and they have full and complete authority in their respective states.

Laws are frequently made by lower legislative bodies authorized by the legislature. Compliance with these laws is mandatory for individuals.

Types of sources of law

Custom

Custom has been one of the oldest sources of law. In ancient times, social relationships gave rise to different traditions and customs that were used to resolve disputes between people.

The customs were practiced habitually and the violations of the same were disapproved and punished by the society. Initially, social institutions began to work based on the different accepted customs.

Gradually, the state emerged as the political institution accepted by the people. He had the responsibility to maintain peace, law and order.

The State also began to act by developing and ensuring compliance with rules based on customs and traditions.

Most laws saw their birth when the state began to turn these customs and traditions into recognized and binding laws.

Religion and moral

Religion and religious codes appeared naturally in every society as human beings began to observe, enjoy, and fear natural forces.

These natural forces were accepted as superior spiritual manifestations (gods and goddesses) who were worshiped.

Religion began to regulate behavior and invoked spiritual sanctions, fear of hell, and rewards, to enforce religious codes. From this, people accepted and obeyed these codes.

Various religions began to formulate and prescribe definitive codes of conduct. The rules of morality also appeared in society to define what was good, what was bad, what was correct and what was not correct.

The moral and religious codes of a society made the State had the necessary material to regulate the actions of people. Subsequently, the state converted these various moral and religious rules into its laws.

For this reason, religion and morality have also been important sources of law.

Legislation

Since legislatures began to emerge in the 13th century, legislation has flourished as the primary source of law.

Traditionally, the state had depended on the customs, decrees, or orders of kings to regulate people's behavior.

But later on, the legislature was born as a government body. He began to transform the traditional rules of behavior into definitive rules among the population.

The King, being the sovereign, began to grant them his approval. Soon, the legislature emerged as the main source of law and the legislature gained recognition as the Sovereign Law, that is, the body that makes the laws of the State.

In contemporary times the legislature has become the most powerful, prolific, and direct source of law. So much so that it is recognized as the main method for the formulation of the will of the State in binding laws.

Court decisions

It is the responsibility of the courts to interpret and apply the laws in specific cases. That is why it is the job of the courts to resolve disputes between the people involved in a case.

Being a source of law, it is mandatory for everyone to comply with judicial decisions.

Equality

Equality means fairness and a sense of justice, and it is also a source of law.

For necessary cases, judges interpret and apply the laws to specific cases. However, sometimes there are no particular laws that help in a particular case.

When an unprecedented case must be solved, judges depend on equality, fair play and justice to solve the problem.

Equality is used to grant relief to the opposing parties and these decisions create the basis for resolving future cases. In this way, equality acts as a source of law.

The 5 main sources of law

1- Constitution

It is the system of fundamental principles with which a nation, a State, a corporation, among other entities, are governed.

The document that represents these principles is considered as a source of law. Usually this document is short, general in nature and represents the values ​​of its authors and subjects.

2- Human rights

Each person can enjoy certain fundamental rights, simply because they are human.

Human rights are different from privileges, which can be withdrawn at any time.

Human rights exist for the protection of people who want to harm others. They also help humans to get along with each other and live together in peace.

3- Laws

They are customs or binding practices in a community.

They can be rules of conduct or action, prescribed or formally recognized as binding, and are enforced by the authority.

4- Treaties

It is a formal agreement between two or more States in reference to peace, alliance, trade or any other international relationship.

This international agreement is represented by a formal document that is considered a source of law.

5- Concession

It is a document originated by a State or sovereign that summarizes the conditions in which a corporation, colony, city or any other corporate body is organized. Their rights and privileges are also defined.

References

1. Law: meaning, features, sources and types of law. Recovered from yourarticlelibrary.com
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7. Charter. Recovered from dictionary.com
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9. What are human rights? Recovered from youthforhumanrights.org