Sources of law

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Sources of law are the origins of laws, the binding rules that enable any state to govern its territory. The terminology was already used in Rome by Cicero as a metaphor referring to the "fountain" ("fons" in Latin) of law. Technically, anything that can create, change, or cancel any right or law is considered a source of law.^[1]

The term "source of law" may sometimes refer to the sovereign or to the seat of power from which the law derives its validity.^[2]

Legal theory usually classifies them into formal and material sources, although this classification is not always used consistently. Normally, formal sources are connected with what creates the law: statutes, case law, contracts, and so on. In contrast, material sources refer to the places where formal law can be found, such as the official bulletin or gazette where the legislator publishes the country's laws, newspapers, and public deeds.^[1] Following the Aristotelian notion of the four causes (material, formal, efficient, and final causes), Riofrio also develops additional potential sources of law. For instance, efficient sources of law would include actions of nature or "of God" that change the law, actions of the intellect that produce legal culture, and actions of the will that approve laws and agreements. On the other hand, several final sources of law exist, such as the purposes of law, the intentions of the parties in a legal transaction, the goals of each policy, and the ends of the constitution.^[1]