Herald of
Culturology

Source of law: turning metaphor into a legal concept

Andreeva G.N.

Abstract

The source of law is a legal concept and an important legal institution, according to which there is an extensive bibliography in different countries. This concept appeared in ancient times and nevertheless, a discussion is still underway on it. Some researchers have expressed doubts about the advisability of using it, but an adequate replacement has not been found for it. The fact that this concept fell into law as a metaphor that has evolved over the centuries into a complex and ambiguous concept plays an important role in the discussion. The article considers the reasons and historical conditions for the appearance of this metaphor in law, the main stages of its transformation and the modern meaningful content of the concept of “source of law”. In conclusion, based on the analysis carried out, the author makes assumptions about possible options for the future fate of this legal concept.

Keywords

source of law; origin of metaphor; legal notion; ancient sources of law; evolution of concept; modern doctrine.

DOI: 10.31249/hoc/2024.02.04

Download text