Jurisprudence, Interpretation and General Laws · Sources of Law

Meaning and Classification of Sources of Law

Updated 11 October 2026 · Fact-checked

Sources of law are the origins from which law gets its force and content. The formal source is the will of the State, which gives law its validity. Material sources are of two kinds: legal sources (statute, precedent, recognised custom), which are authoritative channels of law, and historical sources, which only influenced its growth. Classify first, then illustrate.

Understand Meaning and Classification of Sources of Law

A source of law answers the question: where does a rule of law come from? The word "source" is used in more than one sense, so jurists classify it. This is why the topic is mostly about classification.

Start with the primary split in Salmond's scheme. The formal source is the will of the State, which gives a rule the status of law and makes it binding. Material sources are those from which the law draws its matter. Salmond divides them into two kinds: legal and historical.

Legal sources are the authoritative channels through which the State's will is declared and which courts must apply. Statutes, precedents and recognised custom are examples. They bind because the State gives them authority. Historical sources are the influences that shaped the growth and form of law but have no authority of their own. Earlier legal systems, religious texts and juristic writings are examples. They become law only when a legal source adopts them.

So the two splits are not parallel pairs. Formal versus material is the primary classification: the will of the State against the sources from which law draws its matter. Legal versus historical is a secondary classification inside material sources, made by whether the source has binding authority through the State. Custom shows how this works. A practice followed by people is not law by itself. Once the State recognises it, it is a legal source and binds.

In India, the main legal sources are the Constitution, legislation, precedent and custom. Agreements, juristic writings and equity play a smaller role. Each of these has its own topic, so here you only need the framework and the ability to place each source under the right head.

Key rules to remember

Formal source: Formal source = the will of the State; origin of the binding force (validity) of law; The State's will gives law its authority. Legislation, precedent and recognised custom are the ways that will reaches the courts.
Material source: Material source = source from which law draws its matter; either legal or historical; Salmond's second tier. Legal sources carry binding authority; historical sources do not. Do not call every material source binding.
Legal source: Legal source = a kind of material source that is an authoritative channel of law; binding through the State; Courts must apply it. Examples: statutes, binding precedents, recognised custom.
Historical source: Historical source = a kind of material source that influenced the growth of law; no authority of its own; Examples: earlier legal systems, religious texts, juristic writings. It becomes law only when adopted through a legal source.
Link between the two splits: Formal/material = the State's will vs the sources of law's matter (primary); Legal/historical = split within material sources (secondary); Legal and historical sources are subdivisions of material sources. Do not treat the two splits as parallel pairs.

How to solve Meaning and Classification of Sources of Law questions

Use this method for definition, distinction and short-note questions on sources of law.

1Define a source of law in one line: the origin from which law gets its force or content.
2State that the word is used in different senses, so it is classified.
3Name the classification the question asks for: formal and material, or legal and historical.
4Define each head in one sentence, stating the test (authority versus content, or recognised by courts versus influence only).
5Give two or three Indian examples under each head.
6For distinction questions, write a point-wise comparison on basis, meaning, binding force and examples.
7Link back with a short conclusion: formal versus material is the primary classification, and legal versus historical divides material sources further.

Quickest way: Two-test shortcut for classification

When to use it: Use when you have to place a given source under the right head in a short time.

Ask: is it the will of the State that gives the rule its binding validity? If yes, it is the formal source.
Ask: does it supply the idea or content of the rule? If yes, it is a material source.
Within material sources, ask: will a court treat it as authority by itself? If yes, it is a legal source, such as a statute or precedent.
If it only shaped the law over time, it is a historical source.
Write one example for each and move on.

Common mistakes in Meaning and Classification of Sources of Law

Treating formal and legal sources as the same thing.
Both sound like they deal with authority, so students merge the two.
Fix: Remember: the formal source is the State's will, which gives validity. Legal sources are a kind of material source: authoritative channels such as statutes and precedents through which that will is declared.
Saying all material sources are binding.
Students see that legal sources bind and extend this to the whole group.
Fix: Only legal sources bind, through the State's authority. Historical sources such as earlier legal systems, religious texts and juristic writings have no force until a legal source adopts them.
Giving no examples under each head.
Students learn definitions but skip illustrations.
Fix: Add at least two examples per head, such as statutes and precedents for legal sources, and earlier legal systems or juristic writings for historical sources.
Writing a distinction answer as two paragraphs with no clear points.
Students write all they know instead of comparing.
Fix: Compare point by point on meaning, basis, binding force and examples.
Skipping the Indian context.
Textbook discussion is often general.
Fix: Mention the Constitution, Acts of Parliament and Supreme Court decisions as Indian legal sources.

Worked examples

Example 1

Distinguish between formal and material sources of law.

Show the solution

Define a source of law: the origin from which law derives force or content.
Formal source: the will of the State, which gives a rule its binding force and validity.
Material sources: the sources from which law draws its matter. Salmond divides them into legal and historical sources.
Compare on basis: validity and authority for the formal source; the origin of the matter of law for material sources.
Compare on binding force: the formal source makes a rule law; among material sources, legal sources (statutes, precedents, recognised custom) bind through the State, while historical sources (earlier legal systems, religious texts, juristic writings) do not bind until a legal source adopts them.
Conclude that a rule of law needs both: matter drawn from material sources and validity from the will of the State.

Answer: A formal source is the will of the State, which gives law its binding force and validity. Material sources are those from which law draws its matter, and they are of two kinds. Legal sources such as statutes, precedents and recognised custom bind through the State. Historical sources such as earlier legal systems, religious texts and juristic writings do not bind until a legal source adopts them.

Example 2

Write a short note on legal and historical sources of law.

Show the solution

Introduce: Salmond divided material sources into legal and historical sources, according to whether they have binding authority through the State.
Legal sources: authoritative channels of law that courts must apply, for example statutes, binding precedents and recognised custom.
Historical sources: influenced the growth of law but have no authority of their own, for example earlier legal systems, religious texts and juristic writings.
Explain the link: a historical source becomes part of law only when a legal source adopts it.
Conclude with the difference: legal sources bind courts; historical sources only inform the development of law.

Answer: Legal sources are authoritative channels of law that courts must follow, such as legislation, binding precedent and recognised custom. Historical sources only shaped how law developed and do not bind by themselves. They become law once adopted through a legal source.

Exam tips

Always state the basis of each classification. Examiners reward the test, not just the label.
For distinction questions, use point-wise comparison on basis, meaning, binding force and examples.
Add Indian examples such as the Constitution, Acts of Parliament and Supreme Court decisions.
Name the jurist (Salmond) only when you are sure of the point attributed to him.
Keep short notes to a definition, two heads, examples and a one-line conclusion.

Practice questions from Sources of Law

Meaning and Classification of 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.

Meaning and Classification of Sources of Law: frequently asked questions

What is the difference between formal and material sources of law?

The formal source is the will of the State, which gives law its binding force. Material sources are those from which law draws its matter, and Salmond divides them into legal and historical sources. The first answers why the rule binds; the second answers where the law comes from.

What is the difference between legal and historical sources of law?

Both are kinds of material source. Legal sources, such as statutes, precedents and recognised custom, are authoritative channels of law and bind through the State. Historical sources, such as earlier legal systems, religious texts and juristic writings, only influenced how law grew and have no authority of their own. They become law once a legal source adopts them.

Are legal sources and formal sources the same?

No. The formal source is the will of the State, which gives law its validity. Legal sources are a kind of material source: authoritative channels such as statutes, precedents and recognised custom. They are the instruments through which the State's will is declared, but they are a different category.