Introduction to law

Q: Sources of law
Law : Law is a set of rules that are created and are enforceable by social or
governmental institutions to regulate behavior with its precise definition a matter
of long standing debate.
Or
Law is the body of principles and rules and regulations which are recognised and
applied by the state.
• it has been variously described as a science and as a art of justice.
Sources of law:
•Source means from where the laws were originated .
•When the rules of law was evolved.
Laws are rules of conduct established to maintains stability and Justice in our
society .It is obvious that almost in all societies the law has been acquired from
similar sources.
Most common sources of law :
• legislation
• customs
• judicial precedents
• Justice, Equity & Conscience
• convention law or International treaties.
1- Legislation
Legislation actually means making of law .
The legislation is considered as primary source of law. These laws are made by
competent authority. Legislation is the direct source of law. Legislature enacts
new laws and amends old laws. In modern terms it is the most authentic source, it
sweeps away the old in convent rules.
Legislation is further divided into two parts:
I) Supreme Legislation
II) Sub-ordinate legislation
I)Supreme Legislation
Supreme legislation is the parent law that originates from sovereign.
It cannot be repelled or managed by the other legislative.
II) Sub-ordinate Legislation
Subordinate Legislation is dependent on Supreme legislation for their
validity and existence.
2- Customs
It is an important source of law Customs are the practices and habits of
people
Rules of Human actions and which have been established by continues
usage and are applied by courts. It is an established mode of behavior in a
community. It is one of the main and oldest source of law.
3- Judicial precedents
When a new case comes in a court on which law is silent and legislation has
not been made then judges of supreme court and high courts can make
new acceleration which will be called Precedent.
We can say it is a law made by judge. These are judicial decisions and an
important source of law.
President is more flexible than legislation and Customs.
Kinds of Precedents
1- Binding Precedents
2- Persuasive precedent
3- Original precedent
4- Declaratory precedent
4-Justice, Equity and Conscience
this principle is applied only in case where the judges feel that the law seems to
be unjust and out of date. In such cases the judges make decisions based on
equity, good conscience and common sense.
5-Conventional Law or International Treatise
These are international treaties, conventions or agreements between countries.
Such Laws are made by the ways of Treaties or agreements.
These laws are harmonized by UNO countries who are members of UNO have to
accept such laws.
CONCLUSION :
In order to interpret any law it is important to understand sources of law The
most widely accepted source of fly is legislation customs were important In
ancient times legislation and president occupy main space in sources of law.