Sources Of Law: Guide The Human Conduct To Avoid Conflicts (Essay Sample)

Sources of Law
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Sources of Law
A law is any procedure or a something that is laid down to guide the human conduct to avoid conflicts. There are several sources of law which could be regional, emanating from ones religion or national or international when it comes to dealing with other nations or governments. In case of any quarrels or disagreements it is the one that is referred to for conflict resolution. This paper will look at some of the sources of law and place some of the given examples in the required sources.
There are five sources of law depending on the sector or area that one will be involved in and these are constitutional, common law (Worrall & Moore, 2014). In addition to these there is also court decisions and administrative regulations. Some of these laws will have a higher precedence over the others depending on where they are originating from. There are also situations where the laws can be easily changed or adopted when it comes to their source.
The Constitutional Law is the principal law when it comes to a country and it guides the day to day running of the government. It spells out the limitations of the federal government and guarantees the rights of the citizens. It further gives the various functions for entities and parts of the national or federal government.
The Common Law is based on the traditions and the beliefs of a people. When the judges want to decide on a certain matter they will have to find out what is acceptable as per the area of jurisdiction or where the concerned parties come from. Therefore they will have to base their decisions on the customs of the area dictate. Once this is done by one judge then he or she will have set precedence for others to follow.
There are some situations where a body can be formed to come up with laws affecting a certain sector or region and the laws such passed will be referred to as Statutory Laws. Worrall and Moore note that most of such laws will be restrictive in nature and are meant to affect those within a certain region or industry. According to Worrall and Moore (2014) examples of these are local by-laws, and laws by Local City Councils and town meetings.
Court decisions are the other source of law which will come up from the various judgments passed. Some of the ways in which courts make these laws is through the interpretation of common law which then becomes adopted as one of the laws. There are some statutes that are not clear, and hence in such a situation the interpretation of the judge will make formulate a law from it. The highest court within a certain jurisdiction, Supreme Court, can declare some laws invalid or unconstitutional.
Lastly there are administrative laws which are formed by organizations established to save the legislature time. These...