AN EMPIRICAL STUDY OF SOURCES OF LAW TO UNDERSTAND THEIR ORIGIN, MODIFICATION AND EXISTENCE IN THE ANCIENT AND MODERN SOCIETIES

Abstract

Comprehending the law's origins is a prerequisite for effectively interpreting any legislation. As a consequence, a number of lawyers, thinkers, and legal theorists have accorded sources of law a great deal of emphasis. As contrasting with custom, which was the source of law in earlier times, legislation is the source of law that is most broadly accepted today. It is only adequate for laws that owe their foundations in rituals, beliefs, and particular social systems to be potentially vulnerable to change. Nevertheless, these shifts should only be accepted if they are accurately or proactively keeping up with social change; otherwise, they will impede social advancement. Legislation and precedent grip the highest prominence among the many different sources of law owing to the increasing popularity of the doctrine of constitutionalism. Lawmaking bodies should not be perceived as possessing the power to enact or execute laws. They ought to fulfill their role as the pillar of government that is shouldered with the task of drafting legislation. As as a consequence, many distinguished thinkers and writers assess human nature to be a fundamental source of law.

Keywords: Sources of Laws, Constitution, Legal System, Reforms, Customs, Precedents, Hindu and Mohammedan, Statutes, Equity