Where Does Law Come From? Essay -- The Origin of Law

Where does law come from? Law has been defined in many ways by various leaders and thinkers except there is no universal definition. There are numerous sources and the English legal system adopts the rules derived from these various sources to form the English law. Sources of law include reciprocal law and equity, legislation, and international conventions such as the European Convention of human beings Rights (ECHR). It must be noned that customs or constitutional conventions are non law. It is a third estate misconception that customs or conventions are law. The judiciary have repeatedly held that conventions are not law and thus are not binding. The depicted object of Attorney General v Jonathan Cape Ltd aptly demonstrated this point as the court held that the convention of Parliamentary confidentiality is only a convention and does not carry any legal weight. Nevertheless, it is essential to understand what, and how, are sources of law created and what possible dangers m ay arise from these sources.Common LawCommon law graduation came about during the reign of William the Conqueror who created a vernacular set of laws which was binding on all in the land. In the 15th century, the Chancellor was given the debt instrument of deciding cases and he subsequently created his own court, the Court of Chancery which decided cases based on equity. As a result of the Judicature symbolise 1873, common law and equity were merged into the same courts to ensure that one enhances, instead of opposing, the other. Consequently, the only distinction between common law and equity is the remedies available to litigants. Today, common law is regarded as case laws which are decisions made by judges in cases. Common law is operated on two concepts of equal importance, namely the do... ...e valet Rights Act 1998 Third Edition, 2006ArticlesT.H.Bingham ,The European Convention on Human Rights Time to Incorporate (1993) L.Q.R. 390Table of casesA-G v Jonathan Cape Ltd 197 6 QB 752Fitzpatrick v Sterling Housing acquaintance Ltd 1999 4 All ER 705Miliangos v George Frank (Textiles) Ltd 1975 3 WLR 758R v Goldstein, R v Rimmington 2005 UKHL 63R v R 1991 4All ER 481Royal College of Nursing v Department of Health and Social Security 1981 2 WLR 279,CATable of statutes and other instrumentsStatutesAbortion Act 1967 c87European Communities Act c68Human Rights Act 1998 c42Interpretation Act 1978 c30Judicature Act 1873 c66Legislative and Regulatory Reform Act 2006 c51Parliament Act 1949 c103Public Interest Disclosure Act 1998 c23European LegislationEuropean Convention of Human Rights (1951)