DIFFERENT SOURCES OF LAW

1. ABDUL RAHMAN

2. Set of rules.
Rules of conduct
recognised and
enforced by the state.
To control and regulate the conduct,
rights and property of the people to
secure justice, peaceful living and social
justice.

3. JURISTS WHODEFINEDLAW
BLACKSTONE: Rule of action which applied
indiscriminately to all irrespective of
gender, caste,laguage,race,birth,colour
etc
SALMOND: The body of principal recognised and
applied by the state.

4. Sources of law has been used in different senses by
different writers and different views has been expressed
from time to time.
Vinogradoff: The process by which rule of law may be
evolved.
C.K Allen: Agencies through which rules of conduct
acquire the character of law.

5. FORMALSOURCE MATERIALSOURCES
FORMAL SOURCE: Called the actual source or ultimate source.
Tells us validity of the law.
MATERIAL SOURCES:
Source from which the law
derives the matter of which it is
composed not the matter.

6. MATERIAL SOURCES
LEGAL HISTORICAL
LEGAL SOURCES: Organs of the state by which legal
rules are created
1. Legislation: Law made by legislation.
2. Precedent: Signifies judicial decision
3. Customs: Long established practices or unwritten
rules
4. Conventional law: Backed by agreement

7. HISTORICAL SOURCE OF LAW
•UNAUTHORITATIVE
•NO LEGAL RECOGNITION

8. CUSTOM AS A SOURCE OF LAW
 Custom is an important
source of law.
Saptapadi is an example of
customs as a source of law.
 The customary practice of
Saptapadi has been incorporated in
Section 7 of the Hindu Marriage Act,
1955.

9. KINDS OF CUSTOMS
Customs without sanction CUSTOMS WITH SANCTIONS
CUSTOMS WITHOUT SANCTIONS: Non-obligatory in nature
and are followed because of public opinion.
CUSTOMS WITH SANCTIONS: Binding in nature and are
enforced by the state.

10. Criteria For A Custom To Be
Accepted As Law
1.) Immemorial Antiquity: It must be old or ancient and
must not be of recent origin.
2. Reasonableness: It must be reasonable. It must not be
unreasonable.
3. Morality: Custom should not be opposed to decency and
morality.
4. . Continuance: It must have been continuously observed
without any interruption.

11. 5. Peaceful enjoyment: Custom must have been enjoyed
peaceably.
6. Consistency: Conformity with the statute law.
7. Certainty: Certainty is an indispensable condition of a
valid custom.
8. Compulsory Observance: A custom to be legally
recognized as a valid custom must be observed as a right.
9. Juridical Nature: A custom must be of a juridical nature.
10. Public Policy: Another test for the validity of a custom is
that it should not be opposed to public policy.