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Salmond's Classification of Sources of Law
Salmond's Classification of Sources of Law
SOURCES OF LAW
1) FORMAL SOURCES-
The sources from which the law derives
its force and authority. It is an individual
having the governing power over the
state and authority. The sovereign is
supreme thus his words are treated as
law.
2) MATERIAL SOURCE-
The kind of sources from which the law
derives not its validity but its
composition. It is the source from
which the matter of law takes its
shape. It is further of two kinds-
a) LEGAL SOURCE-
These sources are authoritative and
recognised by law. Examples are-
Customs, precedent, legislation
b) HISTORICAL SOURCE-
These sources are unauthoritative,
lacking formal recognition by the law.
They operate indirectly and mediately.
Examples are- juristic writings and
foreign judgements.