SOURCES OF LAW

NIDHI HRIDAY BUCH

FACULTY : LEGAL METHODS

Nidhi Hriday Buch 1

Sources
Material
of Law

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 Formal Sources of Law
From which a rule of Law derives its
force and validity
It is the will of the state
It is that sources from which the
authority of the law proceeds

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 Material sources of Law
From which is derived the matter of the law

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 Legal Sources
Legislation

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 Custom : Meaning
According to Salmond custom is the
embodiment of those principles which
have commended themselves to the
national conscience as principles of
justice and public utility.
According to Carter It is the
uniformity of conduct of all persons
under like circumstances.

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 Custom : Meaning
According to Halsbury, a custom is a
particular rule which has existed
either actually or presumptively from
time immemorial and has obtained
force of law in a particular locality.

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 Origin
Custom is the oldest form of law-making
When a same thing is done again and
again in a particular way, it assumed
the form of custom.
Custom originated in the conscious
choice of the people of the more
convenient of the two acts.
Imitation must also have played an
important role in the growth of customs.
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 Binding Force of Custom
Rule having sanction of custom
raises a presumption that it deserves
sanction of law as well
Rational expectation of its
continuance
Custom rests on the popular
conviction that it is in the interest of
the society.
Custom provides material out of
which the law can be fashioned
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Transformation of custom
into law
Historical Theory

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 Kinds of Customs
Legal

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Legal Custom

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Conventional Custom

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Requisites of a valid custom
Immemorial Antiquity
Continuously
Reasonableness

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Requisites of a valid custom
Certain andenjoyment
Compulsory
Peaceable definite
observance

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Requisites of a valid custom
Conformity
It must be general
with Statute
or universal
law

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