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Although secondary authorities are sometimes used in legal research [2] (especially, to allow a researcher to gain a preliminary, overall understanding of an unfamiliar area of law) and are sometimes even cited by courts in deciding cases, [3] secondary authorities are generally afforded less weight than the actual texts of primary authority ...
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]
A voice, its recording, the transcript of the recording, a newspaper reporter taking notes from the transcript, and a newspaper report of the notes are all primary sources, but some editors believe that the newspaper report—the least accurate of these sources—is a secondary source and therefore automatically a better source for all purposes ...
The British English distinction between primary and secondary legislation is not used in American English, due to the American dislike of the British constitutional concept of the fusion of powers as inherently incompatible with due process and the rule of law (one of the great divergences between American and British political philosophy which ...
The Restatements of the Law is one of the most respected and well-used sources of secondary authority, covering nearly every area of common law. While considered secondary authority (compare to primary authority), the authoritativeness of the Restatements of the Law is evidenced by their acceptance by courts throughout the United States.
Scipione Amati's History of the Kingdom of Woxu (1615), an example of a secondary source. In scholarship, a secondary source [1] [2] is a document or recording that relates or discusses information originally presented elsewhere. A secondary source contrasts with a primary, or original, source of the information being discussed. A primary ...
1. In French-law-based systems, refers only to those sources of subjective law that are human-made and voluntary (vs. factum iuridicum); 2. In German-law-based systems, encompasses all sources of subjective law, be they human-made or not, voluntary or not. See also negotium iuridicum. ad quantitatem: by the quantity
In contrast to English common law, which consists of enormous tomes of case law, codes in small books are easy to export and easy for judges to apply. However, today there are signs that civil and common law are converging. [64] EU law is codified in treaties, but develops through de facto precedent laid down by the European Court of Justice. [65]