The concept and types of sources of law are considered in the relevant literature. In legal texts, two different meanings are used in the definition. So, they use the concept of the source of law of material and formal significance.
In the first case, the reasons for the formation of discipline are considered. 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 a word, all that gives rise to positive law.
The formal meaning provides an external form of expression of the position of the existing discipline.
The concept and types of sources of law of formal importance are clearly defined and streamlined. All norms (normative content of the discipline) are fixed only in certain officially recognized forms.
For each legal industry, its own concept and types of sources of law have been developed and are operating. Applicable to various structures, there are several groups of expression of norms.
Specialists distinguish the following main sources of law:
1. Legal awareness (in an ideal sense).
2. Material law (in the material sense).
3. Legal form (in a formal sense).
The main types of sources of law are considered:
- legal doctrine;
- legal custom;
- regulatory agreement ;
- judicial precedent ;
- religious dogma;
- normative act.
Legal custom is represented by a special rule of conduct. It became a habit on the basis of repeated use. Legal custom is passed from generation to generation. Over time, this behavior becomes sanctioned by the state as universally binding.
By judicial precedent, specialists understand a decision in a particular case. This decision is binding on the judiciary of the same or lower court when considering and resolving similar cases. Judicial precedent is also an example of interpretation of the law, which is not binding. This source is considered the main one in the UK, USA, Australia, Canada and other countries that are characterized by the Anglo-Saxon legal system.
A regulatory agreement is an agreement between two (or more) parties. This agreement contains legal provisions. Regulatory 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 collective agreements "employer - employees" are also referred to domestic agreements.
An international treaty is a source of international law. In accordance with the provisions in the Constitution of the country, such agreements are an integral part of the legal system of the state.
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-German system. Legal doctrine has a significant impact on the minds of legislators. With its application, the development of legal structures and terms is carried out. The legal doctrine directs normative activities 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 fixing the norms of a religious legal system.
The normative act is adopted by the competent authority. This official written document establishes, repeals or amends a legal norm.