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Summaries and Short Reviews

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Shvoong Home>Law & Politics>Sources of Law Summary

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Sources of Law

Book Summary by: Jema31    

Original Author: Omar Barbero
This abstract was translated from Fuentes del Derecho
The sources of law are the way in which legal rules are constitute positive law, ie where we need to enforce our rights.
For example: The law of contract.
The form:
Law: is one of the most important sources of positive law.
Is any rule issued by compulsory social authority which has the power to edit, this authority is the legislature that is empowered by the Constitution.
Has two senses:
Material: the law in the material sense is a positive rule of law, written in general and that issued by competent authority.
Formal: law in the formal sense is a positive rule of law, written and issued by this body to legislate.
The usual: positive legal norm, not written, in general, not issued by competent authority. It is considered a phenomenon of public opinion as it is the people who created it.
Jurisprudence: is a set of statements that determine a criterion on a legal question, ie the interpretation of law by judges.
The Doctrine: is the belief of the individual lawyers in the various items on the right with respect to the different rules.
Published: July 22, 2009
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