Three Axioms on Unwritten (Sources of) Law

This essay proposes three axioms to clarify the status of unwritten law and unwritten sources of law. The first axiom asserts that written and unwritten norms share the same ontological status as abstract institutional entities, differing only in their modes of inscription and accessibility. The second axiom argues that their epistemological distinction is weak: both statutes and customs rely on overlapping forms of documentary and testimonial justification, despite following divergent procedural paths. The third axiom contends that laws and sources of law are not categorically distinct, but functionally interwoven, often reinforcing each other within the normative fabric of legal systems. Rather than offering final answers, these axioms serve as conceptual instruments – provisional yet clarifying tools for navigating the complex relations between codified rules and evolving practices. By foregrounding this triadic framework, the essay invites a renewed philosophical inquiry into the fluid architecture of normative authority.