The concept and types of sources of law are considered inrelevant literature. In legal texts, the definition uses two different meanings. So, use the concept of the source of the right of material and formal meaning.
In the first case, the reasonsformation of discipline. In other words, the concept and types of sources of law in this case act as certain spiritual or material factors, human nature, social relations, legislative will, the nature of things, in short, all those that give rise to positive law.
Formal meaning provides an external form of expression of the position of the existing discipline.
The concept and types of sources of the law of formal meaning are clearly defined and streamlined. All norms (normative content of the discipline) are fixed only in certain officially recognized forms.
For each legal branch, its concept and types of sources of law are developed and operate. Applicable to different structures, there are several groups of expression norms.
Specialists identify the following main sources of law:
1. Right-mindedness (in an ideal sense).
2. Material right (in the material sense).
3. Legal form (in the formal sense).
The main types of sources of law are considered to be:
- legal doctrine;
- legal custom;
- normative contract;
- judicial precedent;
- religious dogma;
- normative act.
The legal custom is represented by a special rulebehavior. It became a habit on the basis of repeated use. The legal custom is passed on from generation to generation. Over time, this behavior becomes a sanctioned state as universally binding.
Under the judicial precedent, specialists understanddecision on a particular case. This decision is mandatory for the justice bodies of the same or lower instance when considering and resolving similar cases. The judicial precedent is also an approximate example of the interpretation of the law, which does not have binding force. This source is considered the main source in the United Kingdom, the United States, Australia, Canada and other countries for which the Anglo-Saxon legal system is characteristic.
A normative treaty is an agreement betweentwo (and more) parties. This agreement contains legal norms. Normative agreements can be international and domestic. The latter, for example, include agreements concluded between the administrations of several state-territorial units or between the subjects of the country and the federal government. The internal agreements include the collective agreements "employer-employees".
The international treaty is a source of international law. In accordance with the provisions of the Constitution of the country, such agreements are an integral part of the legal system of the state.
The legal doctrine is expressed in the form of ideas,concepts, theories. This form of expression of norms is of great importance for the states of the Romano-Germanic system. The legal doctrine has a significant impact on the consciousness of legislators. With its application the development of legal constructions and terms is carried out. The legal doctrine directs normative activity to the development of the state and its legal system for progressive development, determines the laws and trends of development.
Religious dogmas are important in securing the norms of the religious legal system.
The normative act is adopted by the competent authority. This official written document establishes, revokes or changes the legal norm.
