What are the main sources of LAW?

What are the main sources of LAW? Before describing the sources of Law it is essential to know the term Law. A law is a general rule of external action enforced by a sovereign political authority. Law is general rule, meant for all and not for any particular individual or class. It is applicable to all. It regulates external conduct of the people and has nothing to do with their thoughts and desires. It is enforceable by the state machinery of justice. Every state makes and enforces law to bring discipline in the society so the members of society can progress socially and develop economically and achieve security for future generations. Disobedience of state laws invites penalty. Law provides a framework for the protection of fundamental human rights essential for development. Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. The basic aims of laws of states are the preservation and protection of territorial integrity and ideological frontiers, preservation and maintenance of law and order and administration of justice within the state. The term law is derived from the German word meaning fixed or evenly. In political and legal terminology, the term law implies or means rules and regulations enforced by the state. In every modern civilized country, there are certain tenets or rules to govern or regulate the conduct and behaviour of its inhabitant. The objective of law is to bring order in the society so that members of society can progress and develop with some sort of security regarding the future. Below mentioned are main sources of Law. 1. Customs or usage. It is the oldest and earliest source of law. A custom is the habit of the people handed down to them from generation to generation as their traditions. What fore fathers have done in the past has become binding upon succeeding generations. They follow it as sacred and compel others to do. In every society, many customs are found regulating the lives of the people. As the state is, consist of people hence it recognizes and enforce them. In this way, usages and customs become laws in course of time. It is also called customary law. 2. Religion. Religion is very old source of law. The most fundamental feature of Law is common religion since the inception of state. The effects of religion produce similar way of thinking and code of common conduct, which binds the people within the country. The religion shapes same traditions and the social behaviour of all the individuals. Thus religion constitutes a collection of certain thoughts, which later appears in the form of Law of land. The common religion is foundation of a powerful society and state. In primitive ages, people followed the precept and rules of their religion, which they believed to be of divine origin called divine law. It was believed that disobedience of it would be punished by divine wrath. Religious canons become the prime source of law. Religion lays down enormous rules of conduct and state enforces it for the collective benefit of society. The effects of religion produce similar way of thinking and code of common conduct, which binds the nation within a society and state. The religion is powerful foundation of Law which acts as cementing force of a society and state. 3. Adjudication. Judges of apex or higher Judiciary generally interpret laws and apply them to particular cases. Judges have no power of making laws directly. When a law is unclear judiciary interpret and decides. Their decision becomes a precedent, in this way judicial decision becomes a source of law. Such decisions are called Judge made laws. 4. Commentaries, Scientific discussions and work of Political Philosophers. The commentaries of renowned jurists and intellectual writer on the law also become a source of law. The famous books by the illustrious political philosophers contributed in the making of new laws in changing circumstances. In court of justice importance is attached to the opinion of illustrious legal experts and jurists. They gather and arrange past customs, judicial decisions and law in logical way. Their work removes ambiguities of existing laws. Their opinions are respected by lawyers and judges. Such scientific discussions and commentaries lead to future enactment of laws. The political thinkers such as Plato, Aristotle, Harold J Laski, Hobbes, Montesquieu, Rouseau, and many more contributed to the formulation of Law. 5. Legislation. Legislation by parliament is the most important and modern source of law in the country. These laws are wide and deal with many varied activities of society. In democratic governments, this function is performed by the elected legislature or law-making organ of government. The laws made by the legislature are called Statutes. These laws passed by parliament supplant the other sources. The codification of law tends to narrow down the field of judicial decisions as source of law. 6. Equity. Equity is another source of law. The meaning of equity is fairness or justice. Sometime a situation arises where existing law is silent. In that situation judiciary uses their commonsense and legal experience to solve the critical situation. In this way equity becomes a source of law. In English legal system there is a Court of Chancery to apply the rules of equity. Wish you good Luck Take care of yourself and others.