Sources of law

Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" ("fons" in Latin) of law. Technically, anything that can create, change, or cancel any right or law is considered a source of law.[1]

The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity.[2]

Legal theory usually classifies them into formal and material sources, although this classification is not always used consistently. Normally, formal sources are connected with what creates the law: statutes, case law, contracts, and so on. In contrast, material sources refer to the places where formal law can be found, such as the official bulletin or gazette where the legislator publishes the country's laws, newspapers, and public deeds.[1]

  1. ^ a b Riofrio, Juan Carlos (2023). "The Four Causes of "Ius" (Res Iusta) as the Proper Sources of Law". Forum. Supplement to Acta Philosophica. 9 (V. 9 (2023): Il concetto di “Ius” in Tommaso d'Aquino): 71–91. doi:10.17421/2498-9746-09-05. ISSN 2498-9746.
  2. ^ "Sources of law" may also mean any premiss of a legal reasoning.Goltzberg, Stefan (2016). Les Sources du droit. Paris: Presses Universitaires de France. ISBN 978-2130748601.

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