Tiêu đề English Jurisprudence question No 5..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 05: Write a detailed note on the concept Sources of Law? (This question is from 4th topic of the Outline). 1. INTRODUCTION: A source of law is a place where laws come from. The most common sources of law are constitutions, statutes, judicial decisions, and custom. Constitutions are the supreme laws of a country and set out the basic principles of government. Statutes are laws that are passed by the legislature. Judicial decisions are the rulings of judges in court cases. Custom is the
unwritten law that has developed over time through the practice of people. 2. MEANING OF LAW: • The word law is derived from Lag which means that something lay down or fixed. 3. DEFINITIONS OF LAW: Here are some definitions of law by different jurists. • According to Salmond: “Law is the body of principals recognized and applied by the state in the administration of justice.” • According to Austin: “Law is the command of the sovereign. It imposes a duty and is back by a sanction.” 4. MEANING OF SOURCE OF LAW: According to black’s law dictionary: “Something that provides authority for legislation and for judicial decision a point of origin for law or legal analysis.” 5. DEFINITION OF SOURCE OF LAW: According to Vinogradoff: “Uses it as the process by which the rule of law may be evolved.” 6. SOURCES OF LAW:
❖FORMAL SOURCES OF LAW: According to Salmond: The entire body of civil law has sprung from the will and power of the state as manifested in its courts of justice. This source according to him is the formal source of law. A formal source of law is a source that is recognized by the legal system as a source of binding law. In other words, the law derives its force, authority, and validity from these sources. ❖MATERIAL SOURCES OF LAW: The sources of law from which law derives material i.e matter and substance but not validity is called material sources. • CLASSIFICATION OF MATERIAL SOURCES: Following are the material sources of law. I. LEGAL. II. HISTORICAL. 7. LEGAL SOURCES OF LAW: Legal sources of law consist of such sources of law as are recognized by law itself. Following are the legal sources of law. Source Of Law Formal Source Material Source Legal Sources Legislation Precendent Custom Agreement Historical Sources
❖Legislation: Legislation is like making important rules for a whole country. Imagine it as a list of instructions made by important people we choose. These rules help everything work well, from how we drive, to how schools run. When rules clash, the newest one usually wins. So, legislation is a way to keep things fair and clear for everyone. In Pakistan such laws are made by the parliament or in emergency situation by the president. ❖Precedents: Precedent is like a legal trail that helps guide decisions in courts. When a court decides a case, its ruling becomes a precedent. This means that similar future cases should be decided in a similar way. It's like following a path that others have taken before. Courts use precedents to make fair and consistent decisions. They look at past cases to see how similar situations were handled. If a case is very similar to a past one, the court often follows the same decision as before. ❖Customs: Custom is a way people in a society naturally behave over time. It can become a source of law when it's consistent and accepted by the community. Customs can shape rules that people follow, and sometimes, courts consider these customs when making legal decisions. So, custom can be like a "unwritten law" based on how people have always done things in a particular place or group. ❖Agreement: Agreement is an important legal source of law. It happens when people agree to do something or follow certain rules. This agreement can be written or spoken. When people agree, it becomes a promise that the law recognizes.