The sources of law they refer to all the events, texts, movements and institutions that have contributed to the formation of the laws. These are documents, records and testimonies that show the origin of the legal norms, as well as the modifications that they have undergone over time..
An example of a source of law could be the constitution, a text that is generally altered by certain politicians or parties with the purpose of changing some administrative, social or cultural statutes..
In fact, there are countries that have had several constitutions throughout their history and - although many of these texts are no longer used - they are fundamental to know what were the duties and rights that people had at a given time..
In other words, it can be stated that the sources of law are important because they portray how the legal reality has changed from ancient times to the present..
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The most relevant sources of international law are the following:
International treaties are the agreements that are carried out between two or more countries when they intend to exchange a product, request permission to enter the territory of the other, or resolve differences that at some point arose between them..
These treaties have been signed since ancient times and are intended to strengthen or strengthen ties of friendship between the countries involved. An example of an international treaty that has lasted the longest is the Anglo-Portuguese Alliance, which was sealed in 1373 by Portugal and England and is still in force today..
The various laws that are created with the aim of protecting the territory and the population are called international custom. These rules are usually aimed at foreigners so that they comply with the particular habits of the country they arrived in..
That is, international custom refers to the rules established by the inhabitants of a region to better coexist with the rest of the people. These mandates may not be found on paper, but they are mandatory because citizens respect them as if they were legal norms..
For example: in many towns it is forbidden to dump waste material into rivers, because such action would increase environmental pollution. Therefore, if a person throws some garbage into the stream, they will have to do community work or pay compensation. Although these punishments are not written, they must still be obeyed because they are part of the customs of the people.
They are known as general principles of the right to legal statements that do not lose validity over the years. These postulates are characterized by being universal and are not exposed in the legislative codes. They are usually used by legislators, judges and public officials when they want to create new norms.
Thus, it can be stated that these principles serve as the basis for drafting particular laws, such as individual guarantees and civil rights; They have also been fundamental in giving rise to general regulations such as procedural norms and federal constitutions. Here are some principles of law:
- Ignorance is presumed if science is not proven.
- First in time is first in law.
- He who affirms is obliged to prove.
- The holder is presumed owner.
Formal sources are the archives most examined by lawyers and historians, since they expose the methods and events that motivated politicians to create and enact legal norms. Formal sources include:
- Legislation: made up of institutions such as the Chamber of Deputies, the Chamber of Senators, the National Assembly and the General Congress.
- Jurisprudence: made up of bodies such as the Supreme Court of Justice, the Electoral Court, the district courts, the Federal Judicial Council and the Federal Citizens Jury.
- The doctrine: they are the theoretical studies on the rules carried out by jurists.
- The custom: these are the traditions that the inhabitants and the authorities consider mandatory.
Example: A group of deputies wants to create a law on child protection on the internet; But before drafting it and proposing it to the Assembly, they must investigate whether a similar norm had not been developed before..
That is why they begin to examine the texts of doctrine, as well as the documents found in legislation and jurisprudence. These documents can be considered as sources of law.
They are the norms that regulate the field of commerce; These legal rules are usually drawn up by legislators and are mandatory. Now, it should be noted that the main source of this right is the Commercial Legislation and the following legal texts are derived from it:
- General Law of Titles and Credit Operations.
- General Law of Commercial Companies.
- Commercial Code.
- Bankruptcy and suspension of payments law.
Example: Carlos is about to inaugurate his organic food business and while he was organizing the place, he was also studying the Commercial Code and the Industrial Property Law; His goal was to know patent law and the laws of exchange, checks and promissory note to legally run his store. Carlos's idea is not to attempt against the State.
The most important source of this right is the Constitution, a text that sets out the rules that citizens and government agencies must follow to maintain social order. Apart from the Magna Carta, they are also fundamental:
- The Constitutional Court.
- The Statutes of Autonomy.
- The Parliamentary Rules.
- Organic Laws.
Example: The newly elected president of Venezuela observes - after carefully reviewing the Constitution and the Constitutional Organs - that indigenous peoples are not recognized and that the laws designed to protect them are confusing; For this reason, it is dedicated - together with the members of the Assembly - to modify these norms and register the social rights of the aborigines.
The sources of administrative law are the set of rules that are drawn up to govern the financial activities of the State and take care of the economic development of citizens. Many of these laws are found in the Constitution, but there are also administrative regulations that are portrayed in:
- Commission Laws.
- Framework Laws.
- Legal doctrines.
- The Internal or Service Instructions.
Example: Ana wants her company to expand, but she observes that the administration has failed in the last few months. For this reason, it focuses on examining the Commission Laws and the Service Instructions, since it has the objective of developing a legal strategy that allows you to increase the finances of your company..
Writings based on humanistic reasoning are called labor sources. The most important source of employment is the Magna Carta, where the laws that guarantee the rights of workers and retirees are established. Other normative texts that are equally relevant are:
- Business codes: in these works the rights to the minimum wage, social security and health and hygiene must be exposed.
- Legal regulations.
- International deals.
Example: Diego was unfairly fired yesterday and the company refuses to pay him the hours owed to him; determined to defend his rights, he focuses on reviewing both the Constitution and the business code and notes that in both texts there is a law of compensation for unjustified dismissal. Diego files a complaint to force the company to make the payment
The political organization of ancient Rome continues to be an ideal for some people. For this reason, the thoughts of the governors and philosophers, the customs of the inhabitants and the fictitious works that are preserved from those times are fundamental sources when studying how legal laws were born. Among the Roman sources, the following stand out:
- Legal doctrines: the Institutes of Gaius, the Vatican Fragments and the Law of the Twelve Tables.
- Plebiscites.
- Senate Consultations.
- Edict of the Magistrates.
Example: Raquel has to dramatize a plebiscite and incorporate her classmates; but he does not know how this legislative procedure is done. Due to this, he reads the texts on Roman legal doctrines and examines the different plebiscites that have been carried out, there he understands that these acts consist of popular and direct voting.
Since the laws were created, people have lived more stable. Therein lies the importance of the sources of law: thanks to them it is possible to understand the organization of the legal system; In other words, these sources explain why people behave in a certain way and why there are different forms of government.
In addition, the sources of law are the resources used by lawyers and politicians to create new norms, without them it would be practically impossible to establish a social order; This is because in its pages what is right or wrong is exhibited: they show the past and the present of humanity.
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