Classifying Law by its Source

Law can also be classified by its source, that is, where and how it was created.

There are three main sources of law, namely:

1. Common law (which I already discussed in my last post, and which I will go into in more details later),
2. Equity
3. Statute

Equity: This is a unique creation of law by the courts. It arose out of the limitations of the common law and created its own principles (also known as maxims) and ways of accomplishing things. Equity, as a source of law, has a centuries-old history and has left its mark on the judicial system in several ways.

Equity is difficult to define in a straightforward manner. It is described as a combination of “philosophy, social justice and legal doctrine and procedure”. [The Open University (2014, Unit 7, s2.1.)]. Equity is applied to, and brings a measure of “fairness” in, civil law. I will deal with equity in more detail further along, but I should point out that equity does not mean equality!

It should be noted that courts apply equity alongside statute and common law. (The Supreme Court of Judicature Acts 1873 and 1875) merged equity alongside the common law. If equity and the common law should conflict, equity prevails.

Statute: Also known as written law, or legislation, this source of law arises out of a State’s legislature (Parliament) making and passing laws through the legislative process (I will describe this later on, remember, this is an introductory state). Statutes are also known as Acts of Parliament example, the famous (or infamous, depending on your personal view point) Human Rights Act 1998.

Statute overrides (takes supremacy over) common law. Some areas which this happens are employment law and company law. Also, some areas of law were wholly created by legislation, such as consumer protection laws.

Next: Classification of law by application.