Sources of Law

Laura Tamás
Mind Map by Laura Tamás, updated more than 1 year ago
Laura Tamás
Created by Laura Tamás about 6 years ago
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intro to law ch2

Resource summary

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 outdated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