We explain what the sources of law are and why they are so important. Its influence on jurisprudence and its classification.
It is known as sources of the right to past acts, events and traditions that serve to create, modify or extinguish legal norms , that is, laws . This often includes the very bodies from which these laws emanate, as well as the historical participants in the constitution of Law as a human discipline.
The sources of law exist because over time the notion of justice , law and order have varied greatly, influenced by discourses of another nature such as religion and morals , which were the most primitive codes of conduct of archaic humanity . There is abundant evidence of this in ancient texts such as the Bible or the Hammurabi Code .
However, in modern times international treaties, constitutions, laws and regulations are also included , even if they are out of force, since they constitute the history of written law . The same goes for natural or universal law, whose principles are associated with the very existence of the human being .
On the one hand, the sources of law are useful in jurisprudence , as they provide prior examples and considerable cases before making a decision (something particularly important in Anglo-Saxon law or Common law ). On the other hand, they are also used from a historical perspective when thinking more theoretically or scientifically about discipline.
The sources of law, according to traditional consideration, are classified as:
Other possible criteria, of a theoretical nature, on the sources of law, distinguish between:
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