Better Gutenberg
Free, beautifully formatted public-domain ebooks

Jurisprudence

by John W. Salmond

53 of 241 · Contents · Download EPUB

Summary

Sources of lawFormal—source of the authority of the law.
Material—source of the contents of the law.
Material sourcesLegal—immediate and legally recognised.
Historical—remote and not legally recognised.
Legal sources1. Legislation—enacted law.
2. Custom—customary law.
3. Precedent—case-law.
4. Professional opinion—juristic law.
5. Agreement—conventional law.
Grounds of the recognition of these sources.
Operation of sourcesConstitutive—adding new law to old.
Abrogative—substituting new law for old.
Extent of abrogative power possessed by the sources.
Relation between sources of law and sources of rights.
Legal principlesUltimate—without legal sources.
Derivative—drawn from legal sources.

← Back to Jurisprudence

Scroll to Top