List and discuss the various sources of Law
Question
List and discuss the various sources of Law
Solution
Law is a system of rules created and enforced through social or governmental institutions to regulate behavior. There are various sources of law, which include:
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Constitution: This is the supreme law of a country which sets out the framework upon which a state or country is established. It defines the powers of the different arms of government, the rights and duties of citizens, and how the country should be governed.
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Legislation: This refers to laws that have been enacted by a legislature or the governing body of a country. It includes statutes, acts, ordinances, etc. Legislation is usually prospective and is applicable to future cases.
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Case Law: This is law that is based on judicial decisions rather than laws made by the legislature. When a judge makes a decision in a case, that decision becomes a precedent which can be relied upon in future similar cases. This is also known as common law or judge-made law.
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Customary Law: This is law that is derived from customs, traditions, and practices of a particular community or society that have been accepted over a long period of time. It is usually recognized and enforced by courts and other legal authorities.
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Religious Law: In some jurisdictions, religious principles or texts form part of the legal system. Examples include Islamic law (Sharia), Jewish law (Halakha), and Canon law in the Catholic Church.
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International Law: This is a set of rules, norms, and standards generally accepted in relations between nations. It includes treaties, agreements, conventions, and protocols that govern how nations interact with each other.
Each of these sources of law has its own strengths and weaknesses, and they often interact and overlap. For example, a constitution may provide the broad principles, but legislation is needed to fill in the details. Similarly, case law can adapt more quickly to changing circumstances than legislation, but it can also be less predictable.
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Tutorial Questions 1. Discuss the relevance of law as a legal institution in the society-making case: i. For the existence of law ii. Against the existence of law 2. Is Law necessary in the society? Discuss this assertion. 3. (a). Advance five scholarly definitions of law from both the legal and sociological perspectives. (b). Explain the nature of law within the society. 4. List and discuss the various sources of law. 5. (a). What are the classifications of Law? (b). Examine the functions and dysfunctions of Law. 6. Explain the Consensus/Functionalist theory of law, highlighting the contributions of Jeremy Bentham and Thomas Hobbes. 7. Examine Emile Durkheim's contribution to the Functionalist theory of law. 8. Examine Talcott Parson’s Social Imperatives on Adaptation. 9. (a). What is ‘Sociology of Law?’ (b) Discuss the subject matter of the Sociology of Law 10. Discuss the following perspectives on the explanation of Law and Society: a. Hedonistic jurisprudence b. Legal Feminism and its Aims in Sociology of Law c. Four approaches to legal feminism 11. Account for the colonial experience in Nigeria’s Legal system 12. Discuss the Rational Choice theory of law by Max Weber 13. Discuss the views of the following Sociologists on Law: Roscoe Pound and Eugene Ehrlich. 14. Briefly discuss the following schools of thought in general jurisprudence: (a). Natural Law. (b). Legal Positivism 15. Describe the convergence and divergence of Law and Custom citing relevant examples. Answer all the question (extensively) in an exam format
All of the following are sources of law except?Question 6Select one:a.Customb.Legislationc.Internationald.Commercial
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