CS Executive · Jurisprudence, Interpretation and General Laws
Sources of Law for CS Executive Jurisprudence
Sources of law are the origins from which legal rules get their force and content. You classify them as formal or material, and legal or historical. Then you study custom, legislation, precedent (stare decisis) and other sources like agreements, juristic writings and equity. In answers, define, classify, give an example, and conclude.
What this chapter covers
This chapter answers one question: where does law come from? You study how jurists classify sources, then each major source in turn: custom, legislation, precedent, and the secondary sources such as agreements, juristic writings and equity.
The chapter is mostly theory, so it rewards clear definitions and neat classification. Jurists differ in their views, so you need to know the main schools and what each says about a source. Keep the focus on what is actually asked: meaning, features, kinds, merits and demerits, and the relation between sources.
It links to the rest of Paper 1 directly. Legislation leads into the interpretation of statutes, since courts interpret enacted law. Precedent connects to how courts reason and apply rules. The idea of law and its schools in the earlier chapters explains why jurists rank sources differently. If you understand this chapter well, those later chapters become easier.
Paper 1 is a written paper, and this chapter suits written answers: the topics are short, well-defined and easy to structure. Questions can ask for a definition, a classification, a comparison (such as custom versus legislation) or a short note on a doctrine like stare decisis. A student who has a fixed answer structure can score reliably here. It also builds the vocabulary you need for interpretation of statutes and for later law papers, so the effort pays back beyond this chapter.
Sources of Law: topics in the order to study them
- 1Meaning and Classification of Sources of LawStart here because it gives you the framework (formal and material, legal and historical) that every other topic fits into.
- 2Custom as a Source of LawCustom is the oldest source, so it comes next and shows how law grew before formal enactment.
- 3Legislation as a Source of LawLegislation is the dominant modern source; study it after custom to see the shift from habit to deliberate law-making.
- 4Precedent: Doctrine of Stare DecisisPrecedent depends on courts applying legislation and custom, so it is easier once those two are clear.
- 5Other Sources: Agreements, Juristic Writings and EquityThese are supporting sources; finish with them so you can compare them with the main sources.
How to prepare Sources of Law
Treat this as a definitions-and-structure chapter. Your aim is to write short, organised answers without wandering.
- Read the classification topic first and draw a one-page chart of the types of sources. Redraw it from memory until it is automatic.
- For each source, write a fixed set of points: meaning, essential features or requisites, kinds, merits, demerits. Use the same layout every time.
- Learn the main jurists' views on each source in a line or two, and note which school each belongs to.
- Write contrast notes for pairs likely to be compared: custom versus legislation, legislation versus precedent, binding versus persuasive precedent.
- Practise two or three answers in full under time. Write the provision or principle, apply it to the point asked, then give a clear conclusion.
- Revise with a one-page sheet per source, and test yourself by explaining each aloud without notes.
Common mistakes in Sources of Law
Mixing up formal and material sources, or legal and historical sources.
Fix: Attach one example to each term and keep the classification chart handy until you can reproduce it from memory.
Writing only a definition of custom without its requisites.
Fix: Always list the requisites and a short example, then add how courts treat custom against statute.
Treating all parts of a judgment as binding precedent.
Fix: State clearly that only the ratio binds, and obiter is persuasive at most.
Ignoring jurists' views and writing a generic answer.
Fix: Learn one or two lines per school and use them to support your point with attribution.
Giving no conclusion in comparison questions.
Fix: End with a sentence stating which source is stronger or when each applies, and why.
Treating the chapter as stand-alone and skipping its link to interpretation of statutes.
Fix: Note in your legislation and precedent notes how courts interpret and apply them, and cross-refer when answering.
Last-day revision: Sources of Law
- A source of law is where a legal rule derives its authority or content.
- Formal sources give the rule legal force; material sources supply its content.
- Legal sources are recognised directly by courts; historical sources influence law indirectly.
- Custom is a long-practised usage that people treat as binding.
- A valid custom must be ancient, continuous, reasonable and certain, and must not oppose statute or public policy.
- Legislation is law made by a competent authority through a deliberate process.
- Legislation is a prime source today because it is clear, general and can be changed to suit needs.
- Stare decisis means courts follow earlier decisions on the same point.
- Binding precedent must be followed; persuasive precedent is only considered.
- Ratio decidendi is the binding part of a judgment; obiter dicta is not binding.
- Agreements, juristic writings and equity are supplementary sources, not primary ones.
- Equity fills gaps and softens rigid rules to do fairness.
Sources of Law practice questions
- In jurisprudence, which of the following best describes a 'custom' that can be recognised as a source of law?
- In jurisprudence, the sources from which a rule of law derives its binding force because the State recognises and enforces it, such as legis…
- Which of the following is an example of an unwritten source of law?
- Which statement correctly distinguishes a legal custom from a mere usage or convention?
- Under Article 141 of the Constitution of India, the law declared by the Supreme Court is:
- Salmond classifies legislation into supreme and subordinate. Which of the following is an example of subordinate legislation?
- A State legislature enacts a statute and the High Court applies it to decide a dispute. Under the classification of sources, the statute is …
- A High Court judge, while deciding a dispute, relies on a standard textbook by a renowned jurist to understand an unsettled principle, thoug…
Sources of Law in other exams
The same ground in other exams, if you are preparing for more than one or want another angle on it.
Sources of Law: frequently asked questions
Is Sources of Law a theory-only chapter?
Yes, mostly. You will not do calculations. You will be asked to define, classify, explain and compare, so structure and clarity matter more than length.
Which source of law is most important today?
Legislation is generally treated as the main source in modern legal systems. It is deliberate, written and can be changed. Still, courts rely on precedent to apply it, and custom and other sources keep a supporting role.
How should I write an answer on stare decisis?
Define the doctrine, explain binding and persuasive precedent, and distinguish ratio decidendi from obiter dicta. Add its merits and demerits, and end with a short conclusion.
Do I need case names for this chapter?
Use a case only if you are sure of its name and what it held, and prefer those in your ICSI study material. A clear principle without a wrong case name is safer than a doubtful citation.