Concept and types of sources of law covered in the relevant literature.The legal texts used in the determination of two different values.For example, use the term source of the right material and formal values.
In the first case, we consider the reasons for the formation of the discipline.In other words, the concept and types of sources of law in this case act as some or other spiritual or material factors, human nature, public relations, legislative will, the nature of things, in short, everything that creates a positive right.
formal value provides an external form of expression of the provisions of the existing discipline.
Concept and types of sources of law of formal values are clearly defined and streamlined.All norms (the normative content of the discipline) are fixed only in certain, formally recognized forms.
for each legal industry developed and operates its concept and types of sources of law.Applicable to different structures, there are several groups of expression standards.
Experts identify the following main sources of law:
1. Sense of justice (in an ideal sense).
2. Substantive law (in the material sense).
3. Legal status (in the formal sense).
main types of sources of law is considered to be:
- legal doctrine;
- legal custom;
- regulatory agreement;
- legal precedent;
- religious dogma;
- regulation.
legal practice represented a particular rule of conduct.It turns into a habit based on multiple applications.Legal custom passed down from generation to generation.Over time, this behavior is authorized by the state as obligatory.
under judicial precedent experts understand the decision in a particular case.This decision is binding on the administration of justice of the same or a lower court during the consideration and resolution of similar cases.Judicial precedent is an also an exemplary sample of interpretation of the law, which has no binding force.This is considered the main source in the UK, USA, Australia, Canada and other countries, which are characterized by the Anglo-Saxon legal system.
Regulatory contract is an agreement between two (or more) parties.This agreement contains legal standards.Statutory instruments can be international and domestic.The latter, for example, include the agreements concluded between the administrations of several state-territorial units, or between the subjects of the country and the federal government.For domestic contracts and collective agreements include "employer - employee".
international treaties are a source of international law.In accordance with the provisions in the Constitution, such agreements are an integral part of the legal system of the state.
legal doctrine is expressed in the form of ideas, concepts, theories.This form of expression of the rules is of great importance for the States of Romance and Germanic system.Legal doctrine has a significant influence on the minds of legislators.With its application being developed legal structures and terms.Legal doctrine directs normative work on the development of the state and its legal system of progressive development, identifies patterns and trends of development.
religious dogmas are important in securing the religious norms of the legal system.
normative act adopted by the competent authority.This official written document sets, cancels or changes the legal norm.
