Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Formation Of The Legal Order: Theory Of The Sources Of Law

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

This chapter highlights the difference that exists between the so called sources "of production" of legal norms-acts or facts upon which the legal order makes the creation, modification, or extinction of legal norms dependent - and what are designated as the sources "of knowledge" of the law, those documents - Codes, Constitutions, etc. - through which one knows the existence and content of the legal norms created by the sources of production. Communitarian law constitutes a legal order in the proper sense, endowed with its own sources and capable of generating its own principles. The doctrine in material sources of law has to resolve two problems: identify them, that is, determine what they are; and create a hierarchy, or, what amounts to the same thing, establish an order of precedence or priority among them. The general principles of law are the fundamental ideas that inform the positive law and, ultimately, those which are derived from justice.

Keywords: communitarian law; legal norms; legal order; positive law



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    A Three-Dimensional Theory of Law — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation