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Who has divided the sources of law into two classes Formal sources and Material sources?
Question

Who has divided the sources of law into two classes Formal sources and Material sources?

A.

John Austin

B.

Savigny

C.

Salmond

D.

Kelson

Correct option is C

The correct answer is C: Salmond.

Explanation

Sir John William Salmond, a renowned legal jurist, classified the sources of law into two primary categories:

  1. Formal Sources: These are the sources from which a rule of law derives its force and validity. According to Salmond, the only formal source of law is the Will of the State as manifested in its courts of justice.

  2. Material Sources: These are the sources from which the substance (the "matter") of the law is derived. Material sources do not give the law its validity but provide the content of the legal rule.

Salmond further divided Material Sources into:

  • Legal Sources: Those that are recognized by the law itself (e.g., Legislation, Precedents, Customary Law, and Conventional Law/Treaties).

  • Historical Sources: Those that are influential but have no legal recognition until they are incorporated into a legal source (e.g., writings of jurists or foreign codes).

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