Legal Definitions - fons juris

Fons Juris

The Latin term fons juris translates directly to "source of law." It refers to the origin or foundation from which a particular law, legal principle, or legal right derives its authority, validity, and binding force. Essentially, it's where a legal rule comes from, making it legitimate and enforceable within a legal system.

Here are some examples illustrating different sources of law:

• Example 1: A New Consumer Protection Statute

  Imagine a country's national legislature passes a new law called the "Fair Advertising Act," which prohibits misleading claims in product advertisements and establishes penalties for companies that violate these rules. For this specific law, the fons juris is the legislative body (the parliament or congress). The authority for the advertising standards and the associated penalties comes directly from the power granted to the legislature by the constitution to create statutes. This act then becomes a binding source of consumer protection law for all businesses and consumers.

• Example 2: A Precedent-Setting Appellate Court Decision

  Consider a situation where a regional appellate court issues a ruling in a medical malpractice case, establishing a new legal standard for what constitutes "informed consent" before a surgical procedure. This ruling then becomes a binding precedent that lower courts within that jurisdiction must follow in future similar cases. In this scenario, the fons juris for this new informed consent standard is the judicial decision itself, specifically the interpretation and application of existing common law or statutory provisions by the appellate court. The court's authority to interpret the law and set precedent makes its ruling a source of law.

• Example 3: A Treaty on International Human Rights

  Suppose a nation ratifies an international treaty, such as the "Convention Against Torture," agreeing to prevent torture within its borders and prosecute those who commit it. Once ratified, this treaty becomes part of the nation's domestic law. Here, the fons juris for the legal obligation to prevent torture and prosecute offenders is the international treaty. The nation's voluntary agreement to be bound by the treaty, and its subsequent ratification, makes the treaty a source of law within its legal system, influencing domestic legislation and judicial decisions.