Interpretation of Statutes
Doctrine of Precedents
INTRODUCTION
It is very difficult, if not impossible, to give a precise definition of Law. Many renowned jurists have held forth their own definitions of the term Law. Law, in the broadest and most comprehensive sense means a set of rules and norms and a standard of pattern of behaviour to which every individual of the society has to conform to. Another often quoted, although not widely believed, definition of Law is of that given by Austin according to which Law is the command of the ‘sovereign’.
Sources of law may be classified into Legal and Historical sources as well as Formal and Non-formal sources. Legal sources are those which are recognized as such by law itself. Historical sources are those sources lacking formal recognition by law. The legal sources of law are authoritative and are allowed by the law courts as of right. The historical sources of law are unauthoritative. They influence more or less extensively the course of legal development, but they speak with no authority. All rules of law have historical sources but not all of them have legal sources.
By formal sources it is meant, sources of law which are available in an articulated textual formulation embodied in an authoritative legal document. The chief examples of such formal sources are Constitutions and Statutes, Executive orders, administrative regulations, Ordinances, Charters and by-laws of autonomous or semi-autonomous bodies and organizations, treaties and certain other agreements, and Judicial precedents. On the other hand, Non-formal sources of law are legally significant materials and considerations, which have not received an authoritative or at least articulated formulations and embodiment in a formalized legal document. Non-formal sources of law may be Customs or Customary law, Standards of justice, principles of reason and considerations of the nature of things (natura rerum), individual Equity public policies, moral convictions and social trends.
INTRODUCTION
It is very difficult, if not impossible, to give a precise definition of Law. Many renowned jurists have held forth their own definitions of the term Law. Law, in the broadest and most comprehensive sense means a set of rules and norms and a standard of pattern of behaviour to which every individual of the society has to conform to. Another often quoted, although not widely believed, definition of Law is of that given by Austin according to which Law is the command of the ‘sovereign’.
Sources of law may be classified into Legal and Historical sources as well as Formal and Non-formal sources. Legal sources are those which are recognized as such by law itself. Historical sources are those sources lacking formal recognition by law. The legal sources of law are authoritative and are allowed by the law courts as of right. The historical sources of law are unauthoritative. They influence more or less extensively the course of legal development, but they speak with no authority. All rules of law have historical sources but not all of them have legal sources.
By formal sources it is meant, sources of law which are available in an articulated textual formulation embodied in an authoritative legal document. The chief examples of such formal sources are Constitutions and Statutes, Executive orders, administrative regulations, Ordinances, Charters and by-laws of autonomous or semi-autonomous bodies and organizations, treaties and certain other agreements, and Judicial precedents. On the other hand, Non-formal sources of law are legally significant materials and considerations, which have not received an authoritative or at least articulated formulations and embodiment in a formalized legal document. Non-formal sources of law may be Customs or Customary law, Standards of justice, principles of reason and considerations of the nature of things (natura rerum), individual Equity public policies, moral convictions and social trends.