oikeudenlähteet

Oikeudenlähteet refers to the sources of law within a legal system. These are the origins from which legal rules and principles are derived. In civil law countries like Finland, where the concept of oikeudenlähteet is particularly relevant, the primary sources of law are typically codified statutes enacted by the legislature. These written laws form the foundation of the legal system and are considered the most authoritative form of legal norm.

Beyond statutes, case law also plays a significant role, though its authority can vary compared to common law systems. Decisions made by higher courts, particularly the Supreme Court and the Supreme Administrative Court, are highly influential and serve as guidance for lower courts. These precedents help interpret and apply statutory law, filling in gaps and clarifying ambiguities.

Legal scholarship, or doctrine, also contributes to understanding and developing the law. Writings by legal academics and experts are consulted by judges and legal practitioners for their analytical insights and scholarly interpretations of legal rules. While not binding in the same way as statutes or precedents, legal doctrine can sway legal reasoning and influence future legislative or judicial developments. International treaties ratified by the state are also considered direct sources of law, binding within the national legal order. Finally, custom, though less prominent in modern legal systems, can sometimes be recognized as a source of law in specific areas where it has been consistently practiced and accepted as legally binding.