What is Law? And What Are Its Principles and Sources?
What is law? And what do its principles and sources mean? Let’s find out. This article outlines the main principles of law, as well as its history and sources. Then, we’ll explore the different types of law, and how each one applies to everyday life. Once you know the basics of law, you’ll be well on your way to a better understanding of this important topic. And don’t forget to check out our History section, too.
Principles of law
The Rule of Law is an idea that is a working political reality, which is also the property of lawyers, activists, jurists, and philosophers. Its various features are important to ordinary people, but they are not always the same as those emphasized by legal philosophers. In this article, we explore the basic features of Rule of Law and how to implement them. However, the concept of Rule of Law should be considered from both perspectives.
Sources
Law is made up of various sources, including customs, precedents, and statutes. Some of these sources are unwritten, but influence legal rules indirectly. All laws have some type of historical source, and may not be legally binding. Examples of historical sources include decisions made by foreign courts. Other forms of legal authority, such as statutes and judicial precedents, are written and enforceable by judges. Listed below are some of the types of sources of law.
Functions
There are various functions of law. They vary widely and depend on the specific political or social context. The laws governing economic activity, civil rights and protection of the environment are just some of the micro functions of law. More generally, laws regulate the relationships between members of a society, create regulations and procedures, and grant authority to selected individuals. The 1999 Constitution of the United States defines the legislative, executive, and judicial branches of government, with specific duties for each branch.
History
The study of the evolution of law is known as legal history. It is a branch of social history which closely links the development of different civilisations. The evolution of law has had a profound effect on the way human society functions. As such, it has become an increasingly popular academic subject. Here, we will explore some of the key elements of legal history and what this means for modern society. To learn more, read the article below. (Please note: the article is in English).
Principles
The concept of principles of law has long fascinated philosophers. But a simple definition is not enough to make these ideas real. There is also a debate as to what constitutes a general principle of law. Some authors argue that the concept of general principles of law is not the same as the concept of rules. In other words, a general principle is a set of rules that govern particular circumstances or issues. It is often useful to distinguish these two concepts because there are numerous distinctions among them.
Examples
Some people use religious principles as the basis of their law, such as in the case of Jewish Halakha or Islamic Sharia. Christian canon law, however, survives in some church communities, and some religious traditions use religious precepts as a basis for law. These sources of law are often vague, based on the unalterability of God’s word, while detailed legal systems require human elaboration. Islamic Sharia, for example, has some law, but it also serves as a source of further law through a process of reasoning by analogy, interpretation, Qiyas, and Ijma.