sources of law
Let an agent explain the sources of law in a given legal system and their hierarchy, help people find authoritative legal texts, and support legal research without giving legal advice.
Research draft, second pass
A second pass drafted this model: the structure a model of this thing needs, and what is known about it in the world. The line under this one says how the second half was obtained - researched against sources, or recalled without web access, in which case nothing here was read anywhere and every claim is a lead to verify. Unreviewed either way.
written by Claude from model knowledge without web access - no source was read, every claim is a lead to verify
Researched by: Claude
Purpose and description
Let an agent explain the sources of law in a given legal system and their hierarchy, help people find authoritative legal texts, and support legal research without giving legal advice.
The origins from which binding legal rules derive in a legal system, such as constitutions, legislation and statutes, delegated regulation, case law and precedent, custom, treaties and, in some systems, scholarly writing and religious law; the hierarchy and recognition of sources vary between civil law, common law and other traditions, and official gazettes publish them.
What it is for: Identifying where law comes from and how to find it.
It can be explain the hierarchy of sources in a system; find official texts and gazettes; explain the role of case law and custom; support legal research.
Distinguishing features
Origin of binding rules
Hierarchical
System-dependent
Officially published
What it looks like
Not physical; texts in gazettes, codes and law reports.
How it is recognised
Constitutions, statutes and regulations
Court decisions and reports
Commentary is secondary, not a source of law in most systems
Related models
is a kind of - category
is a kind of - category
is applied by - institution
is related to - legal concepts
In practice
Families and kinds
constitutions
primary legislation
secondary and delegated legislation
case law and precedent
custom, treaties and international law
Standards and regulation
Constitutional rules on hierarchy of norms
Official gazette publication laws
Citation standards for legal sources
Failure modes and hazards
Relying on unofficial or outdated texts
Confusing systems
Agents giving legal advice
Also called
+9
Where this came from
wikidata · CC0 1.0
Drafted structure
Bundle to layer to finding to question, as the second pass will find it: 4 bundles · 8 layers · 8 findings · 16 questions.
Hierarchy Which source prevails.
Systems differ.
Order
Hierarchy of norms.
Order
Hierarchy.
- What is the hierarchy of legal sources in this system, and which prevails in conflict? provenance
- How do treaties and EU or federal law fit in? provenance
Tradition
Civil and common law.
Tradition
Traditions.
- How do civil law and common law systems differ in their sources? definition
- What role do custom and religious law play here? provenance
Find Locating texts.
Official sources.
Official
Gazettes and databases.
Official
Official texts.
- Where is the authoritative text of this law published, such as an official gazette or legislation database? provenance
- Is the version consolidated and current? boundary
Cases
Case law.
Cases
Case law.
- Where are court decisions reported, and which are binding? provenance
- How is precedent applied here? provenance
Interpret Using sources.
Research skills.
History
Legislative history.
History
Legislative history.
- How can the legislative history of this law be traced? action
- Is it used in interpretation here? provenance
Cite
Citation.
Cite
Citation.
- How should this source be cited? action
- Which citation standard applies? provenance
Limits Advice boundaries.
Information, not advice.
Advice
Legal advice.
Advice
Legal advice.
- Is the user asking how the law applies to their own situation? boundary
- Where can they get regulated legal advice? provenance
Change
Keeping current.
Change
Keeping current.
- Has this law been amended or repealed? provenance
- How can changes be monitored? action
What the second pass must settle
- Should each source type be a separate entry?
- How should official gazettes be linked?
- How should system differences be recorded?