Formal And Material Sources Of Law And Its Jurisprudential Analysis

Kausikan G, Alliance University, Bengaluru

Introduction

Journeying through the sources of law from a philosophical viewpoint can be a truly compelling experience. It takes us back to the beginnings of legal systems across numerous societies while helping us comprehend the core principles and machinery behind the rule of law. The heart of this exploration lies in jurisprudence - the profound investigation of law that dissects the delicate balancing act between tradition and progress, power and credibility, and ultimately, the eternal pursuit of justice.

When we closely examine legal components using jurisprudence as our guide, we discover layers revealing historical, cultural, and ideological aspects. Our search includes official statutes, constitutional stipulations, judicial histories, traditional practices, and equitable maxims, all mirroring shared values and norms within each community. Furthermore, acknowledging international law deepens our grasp of connections beyond national boundaries.

This introduction to legal sources via jurisprudence invites us on a thrilling adventure deciphering the riddles of law and tracing humanity's ceaseless yearning for fairness. Delving deeper, we reveal law's true meaning, purpose, and lasting impact on forming collective life and personal experiences. Along the way, we grapple with challenging concepts like where legal mandates originate, how they evolve, who holds authority, and why legitimacy matters. All these questions point towards one ultimate goal: securing justice for everyone involved.

Exploring the meaning of law transports us on a fascinating journey through time and space, unravelling the complexities of legal systems across societies and eras. At its core, law signifies "something laid down or fixed," rooted in Old English 'Lagu' and Old Norse 'lagu,' translating to 'rule, collective plural of lag,' which literally means 'layer, measure, or stroke.' Yet, the interpretation of law changes depending on location, culture, and societal shifts.