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What Are Sources of Law?

Jessica Ellis
By
Updated: Jun 04, 2024
References

Sources of law is a legal term that refers to the authorities by which law is made. There are a number of different sources that are used to define the creation and force of law, though not all are used equally. Some examples of sources include legislation, government regulation, court decisions, and custom.

The four most common sources of law include cultural customs, common law, precedent, and legislation. Each culture, country, state, or municipality has its own methods and standards for creating laws. While methodologies and technicalities may differ, the basic law sources are consistent, approaching near universal sourcing standards, no matter the country, cultural history, or political climate. To varying degrees, nearly all governments and other forms of leadership rely on similar sources or combination of sources to establish laws.

Constitutional Law

Constitutions are legislative documents that are a primary source of law in many regions. They are typically the highest law of the land, meaning that state or regional laws cannot conflict with a constitutional statute. States may also have constitutions, which local laws cannot conflict with. Most modern countries have a written constitution, though some, like New Zealand and the United Kingdom, have constitutions that are uncodified, meaning that they have grown and changed over time and include both written and unwritten sources.

The corpus of law derived from a written constitution is constitutional law. It establishes the fundamental principles, structures, and powers of government, as well as individual rights and liberties. Constitutional law is the supreme law of the state, directing the operation of the legal system and protecting the rights of citizens.

Statutory Law

In addition to constitutions, many governments have the right to create legislation and statutes. Even local organizations such as city councils have the power to create ordinances that affect citywide behavior. These statutes and ordinances are often recognized as sources of laws.

Statutory law comprises laws enacted by legislative bodies like parliaments and congresses. It addresses numerous aspects of governance, such as criminal offenses, civil rights, contracts, and property. Statutes are enacted through the legislative process and have the force of law, thereby imposing legal obligations on individuals and entities within the jurisdiction.

Case Law and Precedent

Common law is one of the major sources of law that has been in use for nearly 1,000 years. This type of law is based on judges' decisions as well as legislation deeming certain actions illegal. Common law may dictate the specific laws and penalties of certain crimes, including murder, rape, and theft. One common concept in this important source of law is that of precedent, which suggests that future courts follow the rulings of prior courts on specific issues.

The corpus of law derived from court decisions, also known as case law, common law, or judicial precedent. When courts interpret and apply laws to particular cases, their decisions establish legal principles that serve as precedents for future cases involving the same issues. Case law is essential to the formation and growth of the legal system because it clarifies statutes, establishes legal doctrines, and guides the interpretation and application of the law.

Although not all governmental bodies use case law or precedent as sources of law, those that do often use case law to establish legitimacy and application of law. When a court of law or other official entity rules on a particular question of law not previously addressed, a precedent is set. Such case law histories provide a documented record whereby common and legislative laws are applied to real situations. As a source of law, precedence and case law serve to establish documented, real world application of a given law.

Administrative Regulations

Administrative regulations are rules and regulations developed by administrative agencies in order to implement and enforce laws enacted by legislatures. These regulations address particular aspects of governance and provide specific compliance guidelines. The legislature authorizes administrative agencies to create and enforce regulations in areas such as the environment, workplace safety, and financial regulations, among others. Individuals, enterprises, and organizations operating within the applicable jurisdiction must adhere to administrative regulations.

Custom and Natural Law

Custom-based sources of law generally rely on an existing behavior in a population. If, for instance, the entire workforce of a town takes a certain day off work each year, the city council could use that custom to create a law calling that day a public holiday. This type of law dates back at least until the Middle Ages in Europe, when local law would codify rights and responsibilities based on customs that had existed for generations.

Even the most primitive of societies have sources of law, albeit generally less formalized. Where developed nations use common law, tribal groups and nations rely on customary law. Such laws are based on cultural customs and beliefs regarding acceptable behaviors and practices held by tribal society and its elders. Such laws, whether deemed customary or common law, seldom appear in written form, yet citizens adhere to such rules to the same extent as to written law. In terms of law sources, customs and common law represent the universal source for societal rules across all cultures and countries.

Although discussions of sources of law generally revolve around regional law, there are other types of rule systems and guidelines that cite specific sources. Religion, for instance, often draws on specific important texts and laws handed down by elders in the organization to create codes of behavior and permitted actions. Natural law theorists argue that some laws are built into the fabric of universe itself, guiding both behavior and scientific principles, such as the inability to travel faster than the speed of light.

Stages of Law Development

Considering the life of a single law, each of the four sources of law can be seen as a stage of development. To illustrate, a society may establish proper marrying age through cultural customs. As the society grows and advances, cultural beliefs and practices establish a more formal understanding of proper marrying age, forming the basis of common law. Precedent, meaning leaders make public decisions and thus a public record of such laws, backs up common law and establishes its validity through documentation. Eventually, such laws are written and codified, resulting in legislative law.

Examples of Law Sources in Different Countries

Australian law, for example, stems from common law, legislation, and Australia's constitution. Comparatively, sources of law in Spain include legislation, commonly referred to as the principles of law, as well as cultural customs. In the United States and many European countries, law sources include case law or precedent, legislation, and common law. All law sources in the United States must conform to federal and state constitutional rights and guidelines, ensuring that they serve the greater good of society.

MyLawQuestions is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.
Link to Sources
Jessica Ellis
By Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica Ellis brings a unique perspective to her work as a writer for MyLawQuestions. While passionate about drama and film, Jessica enjoys learning and writing about a wide range of topics, creating content that is both informative and engaging for readers.
Discussion Comments
By anon1000072 — On May 21, 2018

Jurisprudence is really the eye of the law because it opens ones eyes to the rudiments of law and its application. Talking about sources of law as I learnt in Jurisprudence include legislative process, custom, constitution, etc.

By anon330200 — On Apr 15, 2013

Laws are very important for running and keeping a society in order. Laws are very interesting to think about and is a great topic to study. Laws also give us a deeper concept of how everything works in a society.

By Clairdelune — On Jun 04, 2011

Some laws that were on the books and enforced through the 1950's, at least, had their source mostly from a religious stand point.

I remember as a little girl in the 50's that all stores were closed on Sundays. And that included grocery stores. Theaters, gas stations, taverns, and other establishments were closed all day Sunday.These were actual laws, not traditions. This gave people plenty of time to go to church and visit family.

Such a contrast to today. I guess these laws were repealed because they served no purpose for most of the people.

By lovealot — On Jun 02, 2011

@truman12 - Your post makes some good points. You are right - there are some debates going on now about some crucial and far-reaching federal laws that might be voted on in the near future.

These laws are complicated, and these federal laws will affect the entire country. Are some federal laws self-serving to certain business and government groups, or are they going to benefit the majority of Americans?

This is the big question!

By jonrss — On Jun 01, 2011

Constitutional law is probably the strongest source of the law. The rights set forth in the constitution apply to all citizens and cannot be abridged under any circumstances. They are the supreme laws of our land.

That is why so much legal debate centers around the constitution. It is from the these laws that all other laws filter down. They are the foundation of our entire civil society.

By truman12 — On Jun 01, 2011

This is an important concept as the legislative process becomes increasingly contentious. We have seen antics and shenanigans on both sides of the aisle as congress debates some of the most significant legislation in years.

The reason we see this kind of behavior is that the consequences are so significant. If a bill is passed into federal law, it immediately effects everyone in America. The debate has to take place at the source, otherwise we end up with weak, contradictory or biased laws.

By nextcorrea — On Jun 01, 2011

I immediately thought of some of those crazy laws that you hear about in small towns. I guess somebody had to think them up and write them down. Here are a few that I can remember.

-All women over 6' tall must not ride horses

-Yellow dogs can only travel in packs of 3

-Beer may only be consumed during the day

By gravois — On Jun 01, 2011

@backdraft - Those are interesting questions that I think a lot of people don't give much thought too. The law is a human product. It does not come from anyone but ourselves. This is both its greatest strength and greatest weakness because it is subject to all the flaws and manipulations that effect all human systems. We have to always consider where our laws come from before we can accept if they are valid.

By backdraft — On Jun 01, 2011

Sources of law sounds like a pretty dry and boring concept but its actually really interesting to think about. Who makes the laws and why? What laws are real and which are imagined? Are there certain circumstances in which traditional sources of law go out the window like war or disaster? These questions are better answered by a legal scholar, but the are interesting to think about considering what a deep effect the law has on all of our lives?

Jessica Ellis
Jessica Ellis
With a B.A. in theater from UCLA and a graduate degree in screenwriting from the American Film Institute, Jessica Ellis...
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