In this article you will learn about the several Sources of Law in Political Science.
Sources of Law
Some jurists define Law as the command of the sovereign. This suggests that there is only one source of Law but this is not the reality. There are several sources of Law that can be described as follows :
- Customs and Usages - Custom has been one of the richest and oldest sources of Law. In primitive societies, social relations gave rise to various traditions, customs and usages. Those customs were used to decide disputes and settle matters among the people. Customs were practised habitually and violations of those customs were punished by the society. The social institutions and organisations began working on the basis of the established and accepted customs. Slowly, the State emerged as the organised political institution of the people having the responsibility to maintain peace, harmony, law and order and also began acting by enforcing rules based upon customs and traditions.
- Religions and Morality - Religious codes came into sight in every human society when they began enjoying, observing and fearing natural forces. These heavenly forces were accepted as superior. Religion then started regulating people’s behaviour by involving “divine sanction”, “fear of hell”, and “possible fruits of heaven”, for enforcing the religious codes. This compelled the people to obey and accept the religious codes. Later, the rules of morality also appeared. The religious and moral codes of a society provided necessary materials for regulating the actions and behaviours of the people. The State then converted those moral and religious rules into its laws. Thus, Religion and Morality also became important sources of Law.
- Legislation - Legislation has emerged as the chief source of Law after the emergence of legislatures. Traditionally, the State depended upon the customs and orders of the King for regulating the actions of the people. Later, the legislature emerged as an organ of the government that transformed the customary rules into definite rules of behaviour in human society. Gradually, legislation became the chief source of law-making.
- Judicial decisions - Judicial decisions have also emerged an important source of Law. The courts have the responsibility to interpret and apply a law to specific cases and settle the disputes of the people that come before them. The judicial decisions of the courts are binding on the parties to the disputes. All judicial decisions are not laws, only the decisions given by the apex courts like the Supreme Court and High Courts of India which stand recognised as the Courts of Record are used as laws proper. Future, courts can settle the future cases on the basis of those judicial decisions.
- Equity - Equity is also a source of Law which means fairness and sense of justice. The judges interpret and apply laws for deciding specific cases. Yet, laws can not fully fit in each case and it can be silent in some respects. In those cases, the judges depend on equity and act in accordance with their sense of justice and fair play. Equity provides relief to the aggrieved parties and such decisions carry out the function of laying down rules for the future. As such equity also acts as a source of law.
- Scientific Commentaries - The work of great jurists include scientific commentaries on the Constitution and the laws of the land. The courts use these for determining the meaning of law because it helps the courts to interpret and apply laws. The jurists discuss and elaborate the existing law, its weakness and also suggest the future possible rules of behaviour. They give suggestions and arguments advanced by them for improving the laws and this helps the judges to interpret and apply the rules of Law to specific cases.
Thus, there are several sources of Law. However, it is seen that law-making by the legislature of the State constitutes the main source of Law.
This article on Sources of Law in Political Science is contributed by Dipshikha Anand. If you like LawStudyPoint.com do follow us on our Twitter handle.
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Political Science