In-order to obey a particular law the source of that law is vital
because the source determines the validity of law. Source of law means the
origin of a particular law. The source or origin of law plays an important role
in validating a particular law. One would not follow any law that is not
formally or officially recognized as that would not have any binding effect on
that person.
Thus, source of law determines the binding effect of law and plays a
major role in being formally and officially recognized. Some of the Sources of
law are as follows:
Historical source which includes religious texts, opinions of ancient
writers etc. Historical source is a major source of our personal laws
pertaining to marriage, divorce, succession etc.
Legislation: legislation means declaration of legal rules by a competent
authority that confers upon such rules the force of law. The competent
authority is known as legislature and the persons involved in making laws are
known as legislators. Laws that have their origin in legislation are known as
statues or enacted laws. E.g., The Indian Contract Act, 1872.
Precedent: Precedent means a Courts decision that is considered as
authority for deciding subsequent cases involving similar facts or similar
legal issues.
Custom: Customs are widely accepted ways of doing something in a
continuous manner that have been existing as a practice since a long time. Law
based on customs is known as customary law.
Agreements: Agreements between two parties creates mutual obligations
and when such agreements are legally enforceable, they are perceived as a
source of law.
Professional opinion: Professional opinion means the opinion of eminent
jurists and law scholars. Such opinions are referred for seeking clarity on
legal query.
