What is the major source of mortuary law?

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The major source of mortuary law is statutory law, which is created by legislative bodies at both federal and state levels. Statutory law encompasses laws specifically related to the regulation of funeral services, including licensing requirements, handling of human remains, and consumer rights in funeral transactions. These laws are enacted to ensure public safety, health standards, and ethical practices within the funeral industry.

While common law does play a role in shaping legal precedents and can influence funeral practices, it primarily deals with laws developed through court decisions rather than through written statutes. International law generally does not pertain to mortuary practices and is more relevant in the context of treaties and relations between countries. Administrative law involves regulations created by government agencies but works more in the realm of enforcing statutory law rather than being a primary source itself. Thus, understanding the foundations of mortuary law requires recognizing the fundamental importance of statutory law in establishing the legal framework governing funeral services.

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