Mindmap
Sources of Law
Inhalt der Mindmap
Sources of Law
Sources of Origin
- Customary Law
- Rationalist Law
- reasonable principles
- recognised in legal doctorines
- reasonable principles
- Created Law
- laid down by a body empowered to to do so
- court
- legislator
- legislation
- cases
- treaties
- laid down by a body empowered to to do so
Sources of Validity
- institutional rules
- created by empowered institutions, thus valid
- comes from some other rule
- eg: created by Parliament
- source thesis
- stem from a source of law
- all rules are institutional
- institutional rules
Legislation
- ways to create rules
- new, modify or derogate existing
- decree, bylaw, statute, act
- creates law
- source of origin
- rules result of legislation
- validity source
- ways to create rules
Conflicts
- Lex Superior
- hierarchy between legal bodies
- Lex Specialis
- overinclusive
- underinclusive
- more specific rule applies
- Lex Posterior
- new rule prevails over older
- Lex Superior
Treaties
- become a way of creating legal rules
- rule creation by cooperating states
- Westphalia concept
- outdated
- larger scope
- become a way of creating legal rules
Case Law
- Civil Law
- influence
- similar cases treated alike
- rationality
- legal certainty
- indirect authority
- SOURCE OF ORIGIN
- influence
- Common Law tradition
- SOURCE OF VALIDITY
- Ration Decidendi
- reason based on what the decision was made
- Distinguishing
- similarity between cases has to be decided
- Broadening
- treating cases similarly even though similarity is ot obvious
- Civil Law
Customary Law
- "usus"- latin
- conditions
- 1. custom concerning a guideline for behavior 2. accepted as binding
Civil Law
- Source of Origin
- customary law
- case law
- reason
- legal doctrine
- Validity Source
- legislation
- treaties
- Source of Origin
Common Law
- Source of Origin
- customary law
- legal doctrine
- reason
- Validity Source
- case law
- legislation
- treaties
- Source of Origin