Notion of source of law

COURSE WORK

Theme: “Basic theories of the origin of law”

student of 1 course 3 group

faculty of interanational legal realations

Bykovnikova J.V

Supervisor: Krestovskaya N.N.

National scale ____________

ECTS ___________________

Members of commission:

________ _______________

________ _______________
________ _______________

Odessa 2015

CONTENTS

Introduction ……………………………………………………………………………..3

1. Notion of source of law ………………………………………………………………5

2. Classes of source of law ……………………………………………………………...9

3. Sources of Ukrainian law …………………………………………………………...16

Conclusion ……………………………………………………………………………..21

List of references ………………………………………………………………………23

INTRODUCTION

The rule of law are distinguished from other social regulators of social relations, which is caused by a form of expression, because no matter how precise and clear nor were their requirements they will only exercise in logic is not yet acquire the appropriate form a regulatory act without precedent, regulatory contract, and so on. d. In order to become a real and effective performance of its functions (regulatory, enforcement, and others.) The right must have an external expression, a certain form or source.

Source of law can be figuratively represented as a container in which to place the rule of law, sources are a way to secure the existence of rules. In this case, there is an external view of a form of expression of public will outward. The concept of sources of law has existed for many centuries and in its history, it has undergone many changes since differently interpreted and applied by legal scholars of all countries.

The importance of sources of law is great for strengthening the rule of law in a state of law, which is especially important at the present time in our country. Perfection sources depend on the level of theoretical ideas about them and the quality of all types of legal practice. Legal practice in turn guided the sources of law in dealing with legal matters.

The concept of sources of law has existed for many centuries and in its history, it has undergone many changes since differently interpreted and applied by legal scholars of all countries. The importance of sources of law is great for strengthening the rule of law in a state of law, which is especially important at the present time in our country. Perfection sources depend on the level of theoretical ideas about them and the quality of all types of legal practice. Legal practice in turn guided the sources of law in dealing with legal matters.

Relevance of the topic due to the fact that the theory of state and law in our country is at a stage of development that requires a critical rethinking of some of its categories, reaching a new level of research in order to combine the achievements of legal science and related disciplines. One of this category that require in-depth development and applies the category of "sources of law." Sources of law play an important role in the legal system and require a wide integrated approach to their study can reveal the historical evolution, as well as the interdependence of the sources of law and the nature of relationship.

The purpose of the course work – definition of the source of law. To achieve this goal it is necessary to solve the following problems:

- Characteristic notion of source of law;

- Analyze classes of source of law;

- Analyze sources of Ukrainian law.

The object of study is the legal system as a whole.

Subject of research – source of law.

We used the following methods: a theoretical analysis of the literature; synthesis concepts of the theory of state and law in the legal system; systematization and generalization; comparative.

At the current stage of legal behavior issues such domestic researchers are exploring: O.M. Grishko, Ram Hari Lohani, M.N. Marchenko, John Henry Merryman, Caleb Nelson, Michael Van Notten, Michael Sinclair, AF Skakun, Brian Slattery, M.V. Tsvik et al.

The structure of the course work includes the following elements: introduction, main part (chapter 3), conclusion and list of references.

Notion of source of law

Will of the state, expressed in the form of legal rules (rules of behavior) should be presented in such a way as to protect the opportunity to review these rules most of the population. In jurisprudence forms by which the will of the state is raised to the rank and becomes an obligatory legal norm, denoted by the term "sources of law".

Sources of law – is acting in an official state document establishing or authorizing the rule of law; external forms of expression legislative activity of the state, by means of which the will of the legislator becomes binding.

The express laws are first, the Constitution of the United States; secondly, the treaties made with foreign powers; thirdly, the acts of congress; fourthly, the Constitutions of the respective states; fifthly, the laws made by the several state legislatures; sixthly, laws made by inferior legislative bodies, such as the councils of municipal corporations, and general rules made by the courts.[1]

Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters. It also refers to the sovereign or the state from which the law derives its force or validity.[2]

There are many factors of law that have contributed to the development of law. These factors are regarded as the sources of law. Legal customs, natural and legal rights, human rights, civil rights, and common law are often implied and unwritten sources of law that have been established over decades or centuries. Canon law and other forms of religious law form the basis for law derived from religious practices and doctrines or from sacred texts; this source of law is important where there is a state religion. Historical or judicial precedent and case law can modify or even create a source of law. The ultimate in written laws are the charter, the constitution, and the treaty, much of which form the foundation of modern legal systems. Legislation, rules, and regulations are often the source of laws which are codified and enforced by the legal system.

The tacit laws, which derive their authority from the consent of the people, without any legislative enactment, may be subdivided into:

1st. The common law, which is derived from two sources, the common law of England, and the practice and decisions of our own courts. It is very difficult, in many cases, to ascertain what is this common law, and it is always embarrassing to the courts. In some states, it has been enacted that the common law of England shall be the law, except where the same is inconsistent with our Constitutions and laws.[3]

2d. Customs which have been generally adopted by the people, have the force of law.

3d. The principles of the Roman law, being generally founded in superior wisdom, have insinuated themselves into every part of the law. Many of the refined rules which now adorn the common law appear there without any acknowledgment of their paternity, and it is at this source that some judges dipt to get the wisdom which adorns their judgments. The proceedings of the courts of equity and many of the admirable distinctions which manifest their wisdom are derived from this source. To this fountain of wisdom the courts of admiralty owe most of the law which governs in admiralty cases.

4th. The canon law, which was adopted by the ecclesiastical courts, figures in our laws respecting marriage, divorces, wills and testaments, executors and administrators and many other subjects.

5th. The jurisprudence, or decisions of the various courts, have contributed their full share of what makes the law. These decisions are made by following precedents, by borrowing from the sources already mentioned, and, sometimes by the less excusable disposition of the judges to legislate on the bench. [4]

Will of the state, expressed in the form of legal rules (rules of behavior) should be presented in such a way as to protect the opportunity to review these rules most of the population. In jurisprudence forms by which the will of the state is raised to the rank and becomes an obligatory legal norm, denoted by the term "sources of law."

Source of law – the way in which fixed (find external expression) the rule of law. Some scholars identify the source and form of expression rights, others spend the difference between them, determine the source of the phenomenon of generating the rule of law, as a form of expression – as a kind of "container norms" that is different in nature from the source.[5]

Sources of law – is acting in an official state document establishing or authorizing the rule of law; external forms of expression legislative activity of the state, by means of which the will of the legislator becomes binding.

Sources of law – that is what management practices in dealing with legal matters. Under the source of positive law is commonly understood as a form of expression of public will to recognition of the existence of the right, in its formation or change.

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