For an Understanding of the Sources of Law

Abstract

This research provides concept analysis tools to approach the understanding of the doctrine of the sources of law: from the conceptual axis sources of law-unit of law-legal practice, an understanding of the traditional sources of law is reached, revealing their radical significance for legal practice and understanding of law as a constitutively unitary and practical phenomenon. Finally, based on the analysis of the Article 410 of the Bolivian Constitution, the legal phenomenon that today dominates the production of legal norms is made explicit and without which it is no longer possible to fully understand the classical theory of the sources of law; we refer to the set of constitutional norms (the Constitution) as the first source of law; or in other terms: the radical incidence that the process of constitutionalization of legal systems has on the understanding of the sources of law.