Return to sources ; Retour aux sources
33 pages The question of sources of law is recurrent in legal literature: its interest is far from slipping and leads to discord among lawyers. While the law, in the broad sense, is accepted by all as such, disagreements remain as to the place to be accorded to case-law, custom or doctrine within what is well known as the 'doctrine of sources of law'. It is pointless to take part in such a backlash controversy and it is better to try to explain the reasons for it. The continuing disagreement between lawyers is due to a mismatch between the observation and the ideological assumptions of lawyers. The observation shows that the sources of law, designed as its places of emergence, are multiple: the deaf law of parliament, but also pretoires, universities and social practices. Ideology considers only the first legitimate. Depending on the place given to realism or dogmatism, postures vary. It is irrelevant in truth because the real question is elsewhere: the traditional discourse on sources fails to capture the issue he claims to grasp. The question of sources is fundamentally a question of origins. Why the law? In this ontological approach to the problem of sources, the article seeks, by following Aristotle, the causes — formal, material, actual and final — whose combination is essential for the emergence of the law. ; International audience ; 33 pages The question of sources of law is recurrent in legal literature: its interest is far from slipping and leads to discord among lawyers. While the law, in the broad sense, is accepted by all as such, disagreements remain as to the place to be accorded to case-law, custom or doctrine within what is well known as the 'doctrine of sources of law'. It is pointless to take part in such a backlash controversy and it is better to try to explain the reasons for it. The continuing disagreement between lawyers is due to a mismatch between the observation and the ideological assumptions of lawyers. The observation shows that the sources of law, designed as its places of emergence, ...
