Table of contents |
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What is Law? |
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What are Sources of Law? |
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Customs |
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Precedent |
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Legislation |
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Law derives from various sources, including customs, legislation, religion, judicial decisions, and precedent.
Customs are essentially unwritten rules or practices observed by a wide population, carrying a sense of obligation. In ancient times, people were primarily governed by customs, and over time, these practices became incorporated into major social institutions. The transition to a more rigid form occurred when these customs were adopted by legal or political entities, marking a significant historical evolution into law. An illustrative example is evident in Hindu marriage ceremonies, where the couple traditionally takes seven rounds around a holy fire. This well-established custom found its codification in section 7 of the Hindu Marriage Act, of 1955.
Not every custom qualifies as a law; certain prerequisites must be met for a custom to attain legal recognition. The forthcoming paragraph delves into these essential criteria.
Customs can be broadly categorized into two groups: customs without sanctions and customs with sanctions. Customs without sanctions lack legal backing and are followed based on tradition and practice alone. On the other hand, customs with sanctions are obligatory in nature. This category is further divided into two types: legal customs and conventional customs. Conventional customs are binding on the parties involved in an agreement.
Essentials
Judicial precedent is characterized by its binding nature and hierarchical structure, where the authority is crucial in determining which judgments must be followed. This form of law is often referred to as judge-made law, highlighting the significant role judges play in expanding and shaping legal principles.
From its meaning itself, essentials can be derived. Following are some of the main essentials:
Legislation can be categorized into two segments: supreme legislation and subordinate legislation. Supreme legislation pertains to laws enacted by the Parliament. On the other hand, subordinate legislation is crafted by entities that are subordinate to the supreme authority or have been delegated authority by the sovereign. The following entities are included in the subordinate authority:
a. Autonomous Law
b. Judicial Rules
c. Local laws
d. Colonial Law
e. Laws made by the Executive
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1. What is the definition of law? | ![]() |
2. What are the main sources of law? | ![]() |
3. How do customs function as a source of law? | ![]() |
4. What is the role of precedent in law? | ![]() |
5. How does legislation impact the legal system? | ![]() |