The concept of law is based on several sources. Common Law and Natural law are the most widely recognized forms of law, but there are also other types of law. The United States Constitution, for example, supersedes several state constitutions, legislative enactments, and custom, and is based on reason and consonance with the people. Regardless of the source, there are some important things to know about law. If you are interested in learning more about it, keep reading!
Natural law
“Natural law” is a concept that is independent of the regular positive laws we are subject to, and deals with the timeless question of right and wrong. The Bible mentions natural law as a source of moral norms, and the ancient Greek philosophers Aristotle and Cicero later addressed this issue. While the concept of natural law differs from positive law, it often inspires legislation. For example, a law against drunk driving is a positive law that was inspired by natural law.
The law of nations
The law of nations is a set of rules that govern the actions of citizens of different nation states. Most of these rules have been defined by particular nations or by international organizations. For example, the US Constitution specifically mentions nine components of law of nations, including the prohibition of unlawful war, the honoring of peace treaties, respecting borders, the prosecution of piracy, the protection of wrecked ships, the extradition of criminals, and the rights of diplomats.
The common law
The common law is a body of legal principles that govern the conduct of individuals in society. These rules are based on past cases that have been decided by courts. These are usually cited by American courts. These principles are sometimes called common law maxims, and they can be found in a variety of sources. These can be found in books such as Corpus Juris Secundum and the Restatements of the American Law Institute. Both of these sources contain the common law, and are considered highly persuasive authority.
Customs
Customs is one of the three basic functions of a government. Customs law protects the interests of the state through supervision of trade. Many countries have partially privatized customs by contracting pre-shipment inspection agencies, which examine cargo prior to importation and verify the declared value of goods. These pre-shipment inspection agencies report back to the country’s customs. Nevertheless, the customs authority must accept the report of the pre-shipment inspection agencies.
Case law
Case law is a type of legal analysis that is based on previous judicial decisions, rather than constitutions, statutes, and regulations. It relies on the detailed facts of a particular case and the resolutions of the courts. It’s also known as “common law.”