SOURCES

OF
LAW
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SOURCES OF LAW

AGENDA
Quick recap of the previous lesson;
Custom as a source of law;
Law itself as a source of law;
The Constitution;
A closer look at the system of law;
Legal codes;
QUICK RECAP
What did we discuss the last time?
QUICK RECAP
Norms;
Laws;
Justice
 SOURCES OF LAW

Custom
• Widely adopted specific practice(s) of a given society;
• Not to be confused with culture, which looks at
society’s traits more generally;
• Not to be confused with tradition, which is the
continuation of a society’s cultural practices into the
future;
• Not to be confused with norms, which are specific and
localized social, moral and legal behaviors;

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 SOURCES OF LAW

Custom
• Considered to be the first ever source of law;
• What is widely adopted by society becomes the status
quo even if it not formalized or written down;
• In some regards, custom as a source of law is even
stricter than laws produced by the legal system of the
State

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EXAMPLE OF CUSTOMS
Law
Law itself can be a source of law in the age of the State;

Laws are not dogmas, they are flexible;

Can be subject to court rulings, which establish a precedent;

Can also be subject to new emerging customs in society;

This makes laws much easier to change, as they are not contingent on tradition;

The constitution — a collection of fundamental laws and principles that sets the rules for State
governance

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EXAMPLES IN THE CONSTITUTION OF
THE REPUBLIC OF BULGARIA
• “Art. 1 (2) The entire power of the State shall derive from the people.
The people shall exercise this power directly and through the bodies
established by this Constitution”;
• “Art. 5 (1) The Constitution shall be the supreme law, and no other law
shall contravene it”;
• “Art. 6 (1) All persons are born free and equal in dignity and rights”;

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 SYSTEM OF LAW
POSTIVE LAW NATURAL LAW

PRIVATE LAW PUBLIC LAW

COMMERCIAL, CRIMINAL,
LABOR, ADMINISTRATIVE,
CIVIL LAW CONSTITUTIONAL LAW

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 Positive, public, private law

Positive law: Public law: Private law:

The State legal relationships relationships
system that protects between citizens and between citizens
subjective rights of the State
the people

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Natural law
• Not limited to State institutions or historical periods;

• It is essential and valid for every person;

• Throughout the centuries the priorities have shifted between nature,

religion and reason

• Considered by philosophers to be the ideal that positive law should

strive for
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Let’s watch a video!

What is the difference Why do we need laws?

between positive and natural
law?

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Summary

SOURCES OF LAW
• Custom as the initial source of law;
• Differentiating customs from
traditions, culture and norms;
• Law itself as the secondary source of
law;
• The distinction of laws from customs
as sources of law

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SOUECES OF LAW

THANK YOU
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