Question

According to Salmond, custom is a ___________ of law.

• A. Formal source
• B. Literary source
• C. Historical material source
• D. Legal material source

Hint:

In Salmond's theory, a "Legal Material Source" is an official, recognized origin of the rules of law, like custom or precedent. A "Historical Material Source" is just an influential idea from the past.

Answer 1

The Correct Option is D

Sir John Salmond, in his classification of the sources of law, made an important distinction:
Formal Sources: These are the sources from which law derives its force and validity (e.
g.
, the will and power of the State expressed through statutes).

Material Sources: These are the sources from which the substance or content of the law is derived.
He further divided these into:
Legal Material Sources: These are sources that are authoritative and legally recognized, such as legislation, precedent, and custom.
The courts are bound to follow them.

Historical Material Sources: These are sources that are not legally authoritative but have influenced the development of the law, such as legal writings or foreign judgments.
They are persuasive but not binding.
According to Salmond's classification, custom is a Legal Material Source of law.