CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
Salmond's view on sources of law distinguishes legal sources from historical sources. Which statement reflects this distinction correctly?
Under Salmond's approach, legal sources are the channels through which rules acquire legal force, such as legislation, precedent and custom, whereas historical sources only influence the growth of law indirectly and have no formal binding authority of their own.
- ALegal sources are those through which rules gain legal force, while historical sources influence law only indirectly without legal recognitionCorrect
- BHistorical sources are binding on courts, while legal sources are merely advisory
- CBoth are the same and differ only in name
- DLegal sources are always unwritten while historical sources are always written
Explanation
Salmond treats legal sources as instruments the State recognises as laying down legal rules (legislation, precedent, custom), whereas historical sources influence the development of law without direct legal force. The statement reversing their binding nature is wrong, and the two are not identical.
Did you get it right without looking?
One question tells you little. A timed set on Sources of Law shows your real accuracy, how long you take and where you lose marks.
More Sources of Law questions
- A trade association's members adopt a model code of conduct by mutual consent, which each member signs. Which feature distinguishes this cod…
- A trade association in a city asserts a mercantile practice of allowing a fixed discount on certain bulk sales. The practice has existed for…
- Which of the following statements about authoritative and persuasive sources of law is correct?
- 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 statement correctly distinguishes a legal custom from a mere usage or convention?