In jurisprudence the term "source of law" refers to the origins from which laws derive their authority and content. Understanding these sources is crucial for comprehending how legal systems function and evolve . The primary sources of law include legislation, judicial precedents, customs and juristic writings. Sources jurisprudence can be categorized in various ways, but the most widely accepted classification includes legislation, judicial precedent and custom . Legislation refers to statutory rules created by legislative bodies while precedent involves prior judicial decisions that guide future rulings. These core sources together shape the structure and evolution of legal systems. Each plays a distinct role in shaping the legal landscape . Explore other important Judiciary Notes .

Sources of Law in Jurisprudence Examples

In jurisprudence, understanding the various sources of law helps in grasping how legal systems originate, evolve, and function. These sources of law in india provide the foundation for interpreting, applying, and enforcing laws in different jurisdictions. Below are key examples of the Sources of Law in Jurisprudence that play a vital role in shaping legal principles and judicial decisions:

• Legislation: Legislation as a source of law in jurisprudence encompasses laws enacted by legislative bodies like parliaments or congresses. For instance the Indian Penal Code of 1860 is a complete statute defining various offenses and their punishments in India .
• Judicial Precedents: Precedent as a source of law in jurisprudence is a decision made by higher courts that serve as binding precedents for lower courts. The doctrine of stare decisis ensures consistency in the application of law. For example, the landmark case of Keshavananda Bharati v. State of Kerala established the basic structure doctrine in Indian constitutional law.
• Customs: Custom as a source of law in jurisprudence is a long-standing practice recognized by society that can become customary laws. In many communities, local customs govern personal matters like marriage and inheritance.
• Juristic Writings: Scholarly works by legal experts often influence the development of law. For instance, the writings of jurists like H.L.A. Hart and Ronald Dworkin have significantly impacted legal theories and interpretations.
• Religious Texts: In certain jurisdictions, religious scriptures serve as a source of law. For example, Sharia law in Islamic countries is derived from the Quran and Hadith.

Free Download Source of Law In Jurisprudence

Cases help illustrate how courts apply sources of law in India. The following are some of the landmark judgments related to this. Some landmark cases include :

• Legislation : In Vishaka v. State of Rajasthan, the Supreme Court of India laid down guidelines to prevent sexual harassment at the workplace, highlighting the need for legislative intervention until appropriate laws were enacted which shows legislation as a source of law in jurisprudence .
• Judicial Precedents : The case of Donoghue v. Stevenson in the UK established the modern concept of negligence, setting a precedent for duty of care in tort law which shows precedent as a source of law in jurisprudence.
• Customs: In Shah Bano Begum v. Mohammed Ahmed Khan, the Supreme Court of India recognized the customary practice of maintenance for divorced Muslim women, leading to significant legislative changes which shows custom as a source of law in jurisprudence.
• Juristic Writings: The principles discussed in Roscoe Pound's sociological jurisprudence have been cited in various judgments to emphasize the social engineering function of law.
• Religious Texts: The Sarla Mudgal v. Union of India case addressed issues arising from conflicts between personal laws derived from religious texts and the need for a uniform civil code in India.

Understanding the sources of law in jurisprudence is essential for anyone studying how legal systems evolve, function and adapt to changing societies . These sources form the backbone of legal interpretation and implementation across jurisdictions . Among them, legislation as a source of law in jurisprudence holds primary importance offering a structured and codified set of rules enacted by governing bodies . Equally significant is precedent as a source of law in jurisprudence which ensures consistency and fairness by guiding future decisions based on past judicial rulings .

Custom as a source of law in jurisprudence plays a vital role in reflecting long-standing social practices especially in matters like family law and inheritance. Juristic writings and religious texts further enrich legal interpretation by offering scholarly and ethical insights . Together, these sources not only shape the theoretical foundation of law but also influence practical decision-making in courts. A deeper understanding of these components is particularly important when analyzing the sources of law in India, where a blend of modern legislation, judicial precedents, customs, and religious principles continues to guide the nation's legal framework.