The term "Sources of Law" in jurisprudence refers to the origins from which legal rules derive their force, validity, and substance.1 Understanding these sources is crucial for comprehending how legal systems function and evolve.2

Classification of Sources

Legal scholars often classify the sources of law in different ways.3 The most influential classification is provided by Salmond, who divides sources into Formal and Material sources.4

1. Formal Sources

A Formal Source is the ultimate authority from which a rule of law derives its binding force and validity.5 In modern legal systems, this is essentially the will of the State as manifested through:

• • Statutes (Legislation)6: Laws enacted by a competent legislative authority.7
• • Judicial Decisions (Precedent): Rulings of the judiciary.8

2. Material Sources

Material Sources are the origins from which the matter or content of the law is derived.9 They provide the substance of the legal rules but do not give them their legal validity directly.10 Salmond further divides Material Sources:

A. Legal Sources

These are instruments or organs of the State that are authoritative and directly contribute to the creation or recognition of legal rules.11 They are followed by courts as a matter of right.12

• • Legislation: The deliberate creation of legal rules by an authoritative body (e.g., Parliament or Congress).13 This includes Supreme Legislation (by the sovereign power) and Subordinate Legislation (delegated by the supreme authority).14
• • Precedent (Case Law): The body of principles laid down in prior judicial decisions, which guide future rulings.15 The doctrine of Stare Decisis (to stand by things decided) ensures consistency.
  • o Ratio Decidendi: The binding legal principle upon which the case is decided.16
  • o Obiter Dicta: Remarks made by the judge that are not essential to the decision and are generally persuasive, not binding.17
• • Custom: A rule of conduct that has been continuously and uniformly observed for a long period of time and has acquired legal recognition.18 It is the oldest source of law.

B. Historical Sources

These are sources that influence the development of law indirectly, and from which legal principles are drawn but which lack immediate, authoritative force. They are only persuasive and are adopted by the courts at their discretion.

• • Writings of Jurists/Legal Experts: Scholarly commentaries and texts (e.g., the works of Blackstone, Kelsen, or Hart).19
• • Foreign Judgments/Decisions: Rulings from courts of other jurisdictions.20
• • Principles of Equity and Good Conscience: Concepts of fairness and natural justice used by judges where explicit law is absent.21

The Three Main Sources (Modern Context)

In most contemporary legal systems, the three primary, authoritative sources of law are:

Source	Description	Example
Legislation	Written law enacted by the legislature.	An Act of Parliament or a statute.
Precedent	Judge-made law; decisions of superior courts.	A Supreme Court ruling defining a constitutional right.
Custom	Practices observed by the community and recognized by the law.	A tribal custom governing inheritance, if explicitly recognized by the legal system.