In the legal arena, primary sources refer to the materials that contain the actual law itself. This implies that they are the enactments and rulings that have been passed by the government in accordance with the constitution. They are therefore used to govern a given jurisdiction according to the location of the laws. Some examples of primary sources that state the actual law include constitutions enacted by states or nations, statutes enacted by legislatures, municipal codes enacted by local councils, cases in the form of court rulings, rules and regulations established by government agencies and treaties (Princeton University Library, n.d.). For instance, court cases and other constitutional laws are normally published in the form of decisions, rules, and regulations that have been instituted to govern how the law will be carried out. The sources for court cases are normally collected and organized in a topical manner in the form of a legislation so that the sources can be easily retrieved for future references.
Secondary legal sources, on the other hand, are used to restate the law in such a manner that the offer a discussion, explanation, interpretation, and analysis of the law, how it should be and how it should be applied. They are therefore used as a means of locating and explaining the nature of primary law and as such, there are cases where these sources are used to influence legal decisions without the binding authority of primary sources. There are some cases where secondary sources act as criticism of some legislation and rulings based on evidence from other credible legal sources. In addition to this, they also act as sources that offer extensive legal citations to primary legal materials and other secondary sources (Library of Congress, n.d.). It is imperative to note that secondary sources are also used to define legal terms and phrases in addition to helping an individual in legal research topics. The information provided above shows that anything that is not considered as the actual law is a secondary source.
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Primary legal sources act represent authorized statements of the law that have been issued by government bodies (Princeton University Library, n.d.). They are therefore used to provide an embodiment of the statutes which carry the law. These sources are divided into two main forms, mandatory or binding and persuasive or non-binding laws. The former refers to laws that are binding to a constitution, regulations, cases, or statutes. This implies that the legislative laws of a given state are only bound to it and as such, this means that once a person leaves the state, the same laws do not apply. For instance, different states have different laws on gun control policies showing the reason why individuals are able to own guns freely in some states whereas in others they are limited by the laws of the states.
Primary sources are used by lawyers to determine what the laws say about a given subject (Princeton University Library, n.d.). They, therefore, have to identify and aggregate the materials in such a way that will enable them to solve any legal problems that they may come across during their practice. During court hearings, lawyers normally make use of primary sources including the constitution and previous court rulings to make their case and defend their perspectives. Primary sources in this case act as an embodiment of the constitution or legislative policies and as such, they are used to guide a society on what is right and wrong according to the laws. They act as authorities that have been passed to allow members of a jurisdiction to enforce laws in a state or nation. Persuasive sources, on the other hand, are used to symbolize those laws that individuals may choose to consider or follow based on how what they believe to be the best judgment.
Secondary sources are normally used to explain the law and citing primary authority. The written form of a statute or constitution may be very difficult to interpret and as such, these sources act as channels that can be used to offer a comprehensive interpretation. Individuals are therefore able to understand what the laws of their state or nation say, based on these sources because they make use of simple and easy to understand language. Legal principles can be understood more thoroughly when a statute or single case is broken down and presented in such a manner that it can be easily retrieved (Library of Congress n.d.). Since an issue or legal topic has been covered in the past, researchers are able to save the time they would have used to try and understand the terminologies, phrases, and implications of what is being presented.
Some examples of legal sources include legal dictionaries and Encyclopedias which provide definitions and general commentary on a broad range of terms and phrases in the federal or state laws. Individuals can use these to study laws that are not familiar to them, especially when they travel to a different jurisdiction. Words and phrases, annotated law reports, legal periodicals, legal treaties, Hornbooks, and nutshells are also examples of secondary sources. Others include Restatements, Loose-Leaf Services, and Legal Directories ( Library of Congress n.d. ).
One of the main difference between primary legal sources and secondary legal sources is that the former presents the actual law that has been enacted by an authoritative body whereas the latter refers to information that offers more exploration into the laws by shedding light on their implications and jurisdictions. From this disparity, it is possible to note that researchers normally make use of secondary sources to do explore a legal topic because they can be able to develop an opinion or judgment based on this information.
Primary sources are used as authoritative tools to govern a given jurisdiction whereas secondary sources are used as secondary sources cannot because they cite the former. Legal systems will always follow the law and as such, primary sources will always be used to define the scope of legal issues within a state or nation. At the end of the day, secondary sources will always act as informative materials that can be used to provide a deeper insight into the laws that have been implemented by an authoritative institution. There is a clear distinction between the two sources because one represents a direct form of the law in the way that it was written and enacted. Since secondary sources cite primary sources, they act as duplications of the latter in a manner that can be easy to understand, interpret and use for legal or research purposes.
References
Library of Congress. Retrieved from https://www.loc.gov/law/help/secondary-rsrcs.php
Princeton University Library. Retrieved from http://libguides.princeton.edu/c.php?g=84173&p=542492
