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Ratio

 Law

1. Law is set of rules that play and important part in the creation and
maintenance of social order. Different jurists have given different definition
of law. Few definition are:
2. BLACKSTONE: Law in its most general and comprehensive sense, “is that rule
of action which is prescribed by some superior and which the inferior is to
obey”.
3. HEGAL: The abstract expression of the general will existing in and for itself.
4. AUSTIN: Law is the aggregate of rules set by men as politically superior, or
sovereign, to mend as political subject. Law is the command of sovereign.
Source of
law

Formal Material

Legal
Historical

Professional
Legislation Precedent Custom Agreement
Opinion

Binding Persuasive
Precedent precedent

Ratio Obiter Dicta


decidendi
Sources in different legal systems

In civil low systems, the sole source is the appropriate code, such as the
civil code or the criminal code whereas in common low systems there are
several sources that combine to form “the low”.

Civil law systems often absorb ideas from the common law and vice-
versa. Scotland, for instance, has a hybrid from of low, as does south
Africa, whose law in an amalgam of common low, civil law and tribal law

National Sources
Legislation is the prime source of law and consists in the declaration of
legal rules by a competent authority.
PRECEDENT

 In common law legal systems, a precedent or authority is a legal case that


establishes a principle or rule. This principle or rule is then used by the court
or other judicial bodies use when deciding later cases with similar issues or
facts … The Latin term stare decisis is the doctrine of legal precedent.

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