Name the three sources of law and explain how each of them has been derived
The three sources of law are:
1. Legislation/Statutory Law: Legislation refers to laws passed by a legislative body. In most countries, legislation is the primary source of law. It is derived from the constitution of the country and is enacted by the parliament or congress. Legislation can be in the form of statutes, acts, ordinances, or regulations. These laws are written down and codified, making them clear and explicit. They set out the rights and obligations of individuals and organizations within a society.
2. Common Law: Common law is derived from judicial decisions made in courts. It is based on precedent, meaning that judges are required to follow the decisions of higher courts in similar cases. Over time, a body of legal principles and rules has been established through these decisions, forming a common law system. Common law is flexible and allows for the law to evolve and adapt to changing circumstances. It is primarily found in countries with a legal system based on English common law, such as the United Kingdom and the United States.
3. Customary Law: Customary law is derived from the customs and traditions of a particular community or society. It is based on practices that have been followed for generations and are considered as a norm within that community. Customary law is unwritten and is passed down orally through generations. It is often used in societies where formal legal systems are not well-developed or accessible. Customary law may coexist with statutory and common law but may be given recognition by courts in certain circumstances.
Overall, all three sources of law play an important role in shaping the legal system of a country and providing a framework for governance and justice.