Chapter 2
Law
Introduction
1. Primary Sources³
Statute Law
Common Law
2. Secondary Sources
3. Tertiary Sources
Introduction
Sources of law are conveniently classified as primary, secondary and tertiary
sources:
(1)
Primary sources consist of law itself in its raw state. There are two
major types -
(i) statutes, which include delegated legislation and instruments
made under the statute and (ii) common law, which is found in cases.
Legislatures, such as a parliament or congress, make or enact statute law,
4
while courts make common law.
5
Courts also interpret both statute law and
common law. These interpretations add to, and become part of, statute law
and common law.
(2)
Secondary sources of law refer to the description and analysis of law in
legal texts. Examples are textbooks, encyclopedias, journal articles and loose
leaf services.
(3)
Tertiary sources refer to two types of materials – published material that
is related to law and documents that lawyers create when they work with law.
Law in the pure sense, which is the concern of legal method, consists of
primary sources. However,
the discussion here also covers secondary and
tertiary sources. It is necessary for law students to understand both of these
also as they embark on their study in order to see the big picture. Moreover,
apart from their use in making law accessible, secondary sources might be
used as a source of arguments for interpreting law.
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4
For discussion of legislators see Schwartz (1978) and Bauman (1989).
5
On differences between common law and statute law, and their
interrelation, see Atiyah (1985), Burrows (1976B), Burrows (1976A), Burrows
(1980), Finn (1992), Rubin (1982), Kelly (1986), Calabresi (1982), Gunasekara and
Sims (2005), Stone (1936). Jamieson (1980) points out in forceful terms that there is
a separate common law in Scotland.
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Chapter 15 Secondary Sources
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