Module V
SOURCES
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01
Synopsis:
What is Primary Source of Law? 01
What Primary Sources are available? 02
What is Secondary Source? 03
How are secondary sources important in research? 04
What are the limitations of Secondary sources? 05
What Secondary Source can we use? 06
How to know which source is more important? 07
What is a Primary Source of Law?
The materials used for legal research are generally divided into two broad categories:
Primary Sources
Secondary Sources
Primary sources are the actual laws and rules issued by governing bodies that tell us what
we can and cannot do. The four primary sources are constitutions, statutes, cases, and
regulations.
What Primary Sources are available?
Constitutions, statutes, cases and regulations are generally available in the public
domain to be accessed for free and by everyone.
This is generally because of the idea that the word of the law should be available and
accessible to all and ensuring that the word of the law is available to be read for free
and without access restrictions is part of it.
What is Secondary Source?
Secondary Legal Sources are background resources, which discuss, analyze, describe,
explain or critique the laws in existence.
Secondary Sources help locate primary sources of law.
Secondary Sources help in understanding the primary sources of law.
Anything which exceeds the language of actual law is a secondary source.
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How are secondary sources important in research?
Secondary Sources are the starting point for any research.
Secondary Sources help save time of going through multiple primary sources by
compiling all information in one place.
Secondary Sources help understand the background of primary source.
They help pinpoint the relevant information in a primary source.
What are the limitations of Secondary sources?
Secondary Sources may not be self-sufficient and may lack information necessary for
analysis.
One cannot rely solely on secondary source as it is very opinion based.
Secondary Sources may become outdated over time as the laws are changed.
Secondary sources can only be used a map to navigate through and reach to the
primary sources.
What Secondary Source can we use?
Legal Encyclopaedias Commentary
Legal Dictionaries Articles
Digests Law Reports
For the correct and optimum usage of secondary sources, few DOs and DON’Ts can be:
Do’s Don’ts
Go back and read the primary source cited by (Blindly) Copy/paste information from secondary
the secondary source. sources.
Always double-check the information provided
in the secondary source against the context and Get caught-up in the dates of secondary sources.
the sources cited, especially primary sources.
Ensure that the law provided in the secondary Ignore the requirement or keep in the background
source is good law. the necessary step of due diligence.
How to know which source is more important?
Primary sources hold greater importance than secondary sources because they
present the actual law without being influenced by individual opinions.
Legislation stands as the primary and paramount source of law. The highest legislation
in a country is its constitution, which cannot be overridden by any other legislation.
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Subsequent legislations are enacted either by the Central Government or the State
Government, with Central legislations taking precedence over State legislations.
Case laws represent the second source of law. Judicial pronouncements carry the
weight of law in India due to the country's adherence to a system of legal precedent.
Next Source which is important is academic journals. These journals have opinions of
renowned jurists who specialize in that particular field of law. Even though, these
journals are not binding in nature, they have a persuasive value in a court of law.
Journals also contain research papers which have citations to primary authorities like
case laws.
Conclusion:
A well-researched conclusion is achieved through the harmonious
integration of both primary and secondary resources. It is essential to
accurately identify sources, understand their significance, and apply them
correctly to conduct legal research effectively.
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Become a
Certified Legal
Researcher! 04
