What are the sources and major branches of law?

Question 1

Give an introduction to sources of law!

Answer 1

Laws are basically rules that specify how human interaction, business and societies create competencies and definitions based on general standards. Legal rules that we will discuss int he following are normally enforced by collective means and by the organs of the state. It differs from religious, moral or other rules.

Question 2

What are the sources of origin?

Answer 2

1. Customary law
2. Positive law
3. Rationalist law

Question 3

What is Customary law?

Answer 3

Customary law is a source of origin. They are behaviours hat have grown spontaniously in a society which after some time became accepted as binding rules. e.g.: Roman Law

Question 4

What is Positive law?

Answer 4

Positive law is a source of origin. Laws that are created by legislation, juidicial decision (case law), or by treaties. They offer legal certanity.

Question 5

What is Rationalist law?

Answer 5

Rationalist law is a source of origin. Examples are legal principles, juidicial interpretations, soft law documents (like UDHR)

Question 6

What are the sources of validity?

Answer 6

1. Social rules
2. Institutional rules

Question 7

What are social rules?

Answer 7

Social rules are a source of validity. It only exists if it’s effective. They are guidelines with legally binding force that are mutually expected from the members of a group.

Question 8

What are institutional rules?

Answer 8

Institutional rules are a source of validity. They are legal rules created by persons or institutions that have legislative power. Most legal rules are institutional rules.

Question 9

What is legislation?

Answer 9

It is both a source and validity of law. It is a source of law since it creates, codifies, modifies or derogates law. It is source of validity, since it is a guarantee for its validity.

Question 10

What are the branches of law?

Answer 10

1. public
2. private

Question 11

What is meant by public branch of law?

Answer 11

it regulates the relations between state and individuals. e.g. criminal law, constitutional law, INT law

Question 12

What is meant by private branch of law?

Answer 12

it regulates relations between private persons, individuals, groups of society, companies. e.g. property law, contract law, torts, family law