Site navigation

Who said that the source of law is “any fact which in accordance with law, determines the judicial…

Salmond distinguishes a legally recognized source of law from a merely historical influence on its content. A legal source is a fact whose effect under the legal system is…

Choose your answer

Who said that the source of law is “any fact which in accordance with law, determines the judicial recognition and acceptance of any new rule having the force of law. It is the legal cause of the admittance by the judicature of any new principle as one which will be observed for the future in the administration of justice”?

Select one answer
Answer and explanation

Correct answer C

Salmond distinguishes a legally recognized source of law from a merely historical influence on its content. A legal source is a fact whose effect under the legal system is to secure judicial acceptance of a new rule for future administration of justice. For example, legislation or precedent can operate through recognized law-producing processes. The definition therefore concerns the authorized route by which a rule becomes law, rather than simply the social ideas or events that inspired it. This is Salmond's formulation.

Practice for these exams

Related question papers

Related exam syllabi

Related questions in this topic