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Sources of law


Sources of law in its narrow sense means the origins of law, i.e. the binding rules governing human conduct. More generally, it means any premiss of a legal reasoning. Such sources may be international, national, regional or religious.

The term "sources of law" also refers to the sovereign or the state from which the law derives its force or validity. In civil law systems, one has only to look at the appropriate code; but in common law systems one needs to look at legislation (primary and secondary) and at the decided cases that comprise judicial precedent.

There are many factors of law that have contributed to the development of law. These factors are regarded as the sources of law. Legal customs, Divine right, Natural and legal rights, human rights, civil rights, and common law are often implied and unwritten sources of law that have been established over decades or centuries. Canon law and other forms of religious law form the basis for law derived from religious practices and doctrines or from sacred texts; this source of law is important where there is a state religion. Historical or judicial precedent and case law can modify or even create a source of law. The ultimate in written laws are the charter, the constitution, and the treaty, much of which form the foundation of modern legal systems. Legislation, rules, and regulations are often the source of laws which are codified and enforced by the legal system.


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