Sources of law

1. ↑ legal doctrine. Legal doctrine comprises principles and rules derived from judicial decisions, mainly in common law systems. It provides a systematic framework for interpreting the law, ensuring consistency and predictability in legal administration. Through the doctrine of precedent, courts build on past decisions to establish binding legal principles that evolve with social and economic changes. Unlike civil law systems that rely heavily on statutory codes, common law systems emphasise judicial interpretation and precedent. Legal doctrine plays a crucial role in promoting the rule of law, increasing the legitimacy of the judicial system and enabling legal professionals to effectively advise clients. As courts address new legal challenges, doctrine continually adapts, refining principles to remain responsive to social needs while maintaining a coherent legal structure.

2. ↑ jurisprudence. Case law is the systematic study of legal principles and judicial decisions, originating in Roman law and developing through English common law. It encompasses the interpretation and application of laws by the courts, serving to fill legal gaps and adapt to contemporary societal needs. Judicial decisions provide critical guidance for legal practice, with specialised databases helping lawyers navigate complex legal landscapes. While laws have broader application and are created through legislative processes, court decisions offer specific interpretations and precedents within a given jurisdiction. The discipline plays a crucial role in understanding legal customs, resolving disputes and ensuring consistent judicial reasoning. Modern jurisprudence relies on technological solutions to categorise and analyse court decisions, enabling more efficient legal research and interpretation.

3. ↑ tradition. Tradition refers to the continuity of doctrines, customs and values within social groups, studied through various academic disciplines. Rooted in cultural, religious and social contexts, traditions can be ancient or intentionally invented, serving as a transmission of knowledge between generations. In religious settings, particularly Catholicism, tradition encompasses oral and written practices that preserve spiritual teachings. Cultural practices often incorporate traditions, reflecting community customs, beliefs and behaviours. These traditions are not static, but dynamic, adapting to changing societal contexts while maintaining fundamental elements. The relationship between tradition and modernity is complex, with traditions sometimes being reinvented or reinterpreted in order to remain relevant. Despite potential conflicts with rapid social change, traditions continue to play a significant role in maintaining cultural identity and providing continuity across generations.

4. ↑ society. A society is a group of individuals interacting to achieve common goals, sharing a fundamental principle of bonding. Characterised by networks of interconnected relationships, societies can be institutionalised or non-institutionalised, ranging from bands and tribes to complex state structures. Communities serve as intermediary groups between individuals and wider societal structures, encompassing family, professional and social networks. Anthropological perspectives emphasise the organisation of societies based on subsistence, technology and communication, challenging previous hierarchical notions. Social norms and institutions play crucial roles in maintaining group cohesion, with mechanisms such as generosity, status recognition and shared rituals. The evolution of societies reflects changing dynamics of cooperation, specialisation and adaptation, demonstrating how human groups organise themselves to survive and thrive in different cultural and environmental contexts.

5. ↑ law. Law is a complex system of rules that regulate human behaviour through rights and duties, shaped by various social and cultural influences. Rooted in Latin and Sanskrit origins, it encompasses various legal families such as civil law and common law. The field largely distinguishes between public and private law, addressing corporate and individual interests respectively. Its foundations date back to archaic societies, with early codifications such as the Code of Ur-Namu and the Code of Hammurabi. Roman law significantly advanced legal systems, separating law from religion and morality, and developing sophisticated legal concepts. Modern law comes from multiple sources, including state legislation, international treaties and individual contracts. Courts and tribunals apply legal norms through interpretation guided by doctrine, custom and judicial precedent, reflecting the dynamic and adaptive nature of law.

6. ↑ customs. Customs are social rules stemming from repeated practices in a specific cultural context, characterised by objective (corpus consuetudo) and subjective (animus) elements. They reflect the psychological conviction of behavioural obligations in different societies. These practices cover various domains, including legal, social and anthropological perspectives. Examples range from traditional behaviours to potential criminal activities, such as curandeirismo and capoeira. Legally, customs distinguish between habitual and typical offences, focusing on the social perception of the practices. Sociologically, they represent essential values and transmit cultural norms that define acceptable behaviour. Customs are intrinsically linked to broader concepts such as habitus, customary law and legal anthropology, demonstrating how social practices evolve and become normalised within specific cultural frameworks. They serve as a lens through which societies understand and categorise human behaviour.