1. Notion of source of law
Will of the state, expressed in the form of legal rules (rules of behavior) should be presented in such a way as to protect the opportunity to review these rules most of the population. In jurisprudence forms by which the will of the state is raised to the rank and becomes an obligatory legal norm, denoted by the term "sources of law".
Sources of law – is acting in an official state document establishing or authorizing the rule of law; external forms of expression legislative activity of the state, by means of which the will of the legislator becomes binding.
The express laws are first, the Constitution of the United States; secondly, the treaties made with foreign powers; thirdly, the acts of congress; fourthly, the Constitutions of the respective states; fifthly, the laws made by the several state legislatures; sixthly, laws made by inferior legislative bodies, such as the councils of municipal corporations, and general rules made by the courts.1
Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters. It also refers to the sovereign or the state from which the law derives its force or validity.2
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, 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.
The tacit laws, which derive their authority from the consent of the people, without any legislative enactment, may be subdivided into:
1st. The common law, which is derived from two sources, the common law of England, and the practice and decisions of our own courts. It is very difficult, in many cases, to ascertain what is this common law, and it is always embarrassing to the courts. In some states, it has been enacted that the common law of England shall be the law, except where the same is inconsistent with our Constitutions and laws.3
2d. Customs which have been generally adopted by the people, have the force of law.
3d. The principles of the Roman law, being generally founded in superior wisdom, have insinuated themselves into every part of the law. Many of the refined rules which now adorn the common law appear there without any acknowledgment of their paternity, and it is at this source that some judges dipt to get the wisdom which adorns their judgments. The proceedings of the courts of equity and many of the admirable distinctions which manifest their wisdom are derived from this source. To this fountain of wisdom the courts of admiralty owe most of the law which governs in admiralty cases.
4th. The canon law, which was adopted by the ecclesiastical courts, figures in our laws respecting marriage, divorces, wills and testaments, executors and administrators and many other subjects.
5th. The jurisprudence, or decisions of the various courts, have contributed their full share of what makes the law. These decisions are made by following precedents, by borrowing from the sources already mentioned, and, sometimes by the less excusable disposition of the judges to legislate on the bench. 4
Will of the state, expressed in the form of legal rules (rules of behavior) should be presented in such a way as to protect the opportunity to review these rules most of the population. In jurisprudence forms by which the will of the state is raised to the rank and becomes an obligatory legal norm, denoted by the term "sources of law."
Source of law – the way in which fixed (find external expression) the rule of law. Some scholars identify the source and form of expression rights, others spend the difference between them, determine the source of the phenomenon of generating the rule of law, as a form of expression – as a kind of "container norms" that is different in nature from the source.5
Sources of law – is acting in an official state document establishing or authorizing the rule of law; external forms of expression legislative activity of the state, by means of which the will of the legislator becomes binding.
Sources of law – that is what management practices in dealing with legal matters. Under the source of positive law is commonly understood as a form of expression of public will to recognition of the existence of the right, in its formation or change.