Classification of Law

Introduction:

For a proper understanding of law, a classification of laws is not only desirable but also necessary. It makes clear the relation between different rules and their effect on each other. It also helps in arranging them in a concise and systematic manner. It helps a lawyer to understand the law. Many jurists have attempted classifications of law on different principles and perspectives. However, no classification of laws is going to be permanent. Every classification is based on the law as it was when the classification was made. Moreover, the distinctions between various kinds of law may not be clear. Classification of Law As discussed above the jurists classified the law in various terms. Broadly, law is classified as following:

 

 

Physical Law or Scientific Law:

Physical laws or laws of science are expressions of the uniformity of nature- general principles expressing the regularity and harmony observable in the activities and operations of the universe. An example of the physical law is the law of motion. Physical laws are also called natural laws or laws of nature. There is uniformity and regularity in those laws. They are not the creation of men and cannot be changed by them.

 

Natural Law or Moral Law:

By natural law or moral laws is meant the principles of natural right and wrong_ the principles of natural justice to include all forms of rightful actions, if we use the term in the widest term. Natural law has been called as divine law, law of God, the law of reason, the universal law, common law, and eternal law.

Greeks primarily had the conception of such law as being body of imperative rules imposed upon humankind by Nature. The law which is based on religious and moral principles presents the picture of law as ideal or what the law ought to be. The natural law has been true for all times and at all places and whose origin could be traced out from ancient times. It emanates from virtue. Its supreme sanction is the perfect conscience or the righteous moral sense of the man. No physical force, punishment or restraint is necessary. His own self is the sanction of the jus nature. Natural law is supposed to be based on reason and it appeals to the reason of men.

Natural laws have been called;

 

Conventional Law:

Convention means agreement. Conventional law means any rule or system of rules agreed upon by persons for the regulation of their conduct towards each other. It is a form of special law. It is law for the parties who subscribe to it.

Examples: of conventional law include rules and regulations of a club or any other voluntary society.

 

It has been further divided into two groups which are:

Customary Law:

Customary law means such rules of customs and practices as are habitually being followed by the majority of persons since from a long time with the sense or belief of their binding nature. Such laws derive their validity or force from the long course of past conduct resulting in the same uniformity of action in given set of circumstances.

According to Salmond, customary law means “any rules of action which is actually observed by men (any rule which is the expression of some actual uniformity of voluntary action) “when a custom is firmly established it is enforced by the authority of the State. Custom is not law by itself but an important source of law only those customs acquired the force of law, which are recognized by the courts.

 

 

Municipal Law:

Municipal law is the law which is applied within a state.

It can be divided into two classes

Public law: deals with relationship between person and the state. Public law determines and regulates the organisation and functioning of the state and determines the relation of the state with its subjects. It deals rights and obligations of the state towards its citizens and vice versa. Public law is divided into three classes: constitutional law, administrative law and criminal law.

Private law: regulates and governs the relations of citizens with one another. The parties are private individuals and the state acting as arbitrator decides the disputes among the people. There is great difficulty in classifying private law. A general classification of private law includes law of property, contracts, torts quasi-contracts and tort.

 

International Law:

International law is body of rules that regulate relations among states. It comprises mainly on of the rules recognized by states in their relation with each other and mostly arises out of international customs and treaties.

International law divided into two classes:

Public international law: is that body of rules which governs the conduct and relationship of the states with each other. Private international law means those rules and principles according to which cases having foreign element are involved and decided.

Private international law: applies to individuals and not to states. Private international law is enforced by municipal courts that apply municipal law and not international law. Private international law is also called as conflict of laws.

Imperative or Positive law   

It means any positive law or rules of conduct or behaviour imposed by any ruler, legislature, state, institutions or body of persons.

Explanation: \”Imperative law refers to a rule of action imposed by some authority that enforces obedience to it. In this sense, law denotes a rule that prescribes a general course of action, imposed by an authority that enforces it through superior power, whether by physical force or other forms of compulsion.

The rules of positive morality, public opinion, rules of organizations, and associations form a part of it.

The requirements of an imperative law are:

  1. a) It must be a general rule;
  2. b) There must be some sovereign authority behind it; and
  3. c) It must be enforced by superior power through sanction.

The instrument of coercion by which a law is enforced is called a sanction.\”

For example the state applies physical force as the sanction, but a club or any other organization resorts to fine or expulsion when a member makes a breach of a rule.

The chief exponent of this kind of law is Austin and according to him, positive law is a command which obliges a person or persons to a course of conduct.

Civil Law:

According to John Salmond, civil law is the law the state or the land. Civil law is the positive law of the land or the law as it exists. Like any other law, it is uniform and judicial precedents establish that uniformity. The term ‘civil law’ is derived from jus civile or civil law of the Romans, it is not so popular today as it used to be.

The term positive law has become more popular than civil law. Sometimes, the term municipal law is used in place of civil law.

Civil law, in another sense, is also used as opposite of criminal law or military law. But in the subject of jurisprudence or philosophy of law, by civil law means the law of the land as are enforced by the courts.

Classification of Civil Law:

According to Salmond, the whole body of law of a particular state/civil law can be classified into two divisions:

  1. General Law
  2. Special law

General law: consists of the general or the ordinary law of the land. It is the law that is commonly applied by all the courts and extends throughout the state.

Special law : consists of certain other bodies of legal rules that are special and exceptional in their nature, sources or application. Special law pertains to and effects a particular age, person place, or thing as opposed to the general public.

Salmond has referred to the following six kinds of special law:

Professor Holland has classified law into following categories according to their functions:

Public law: is further subdivided into two:

  1. a) Constitutional law, and
  2. b) Administrative law
  3. c) General and special law

Special law is further classified into following:

Apart from the above classification, law is also classified into:

 

Criminal Law:

Criminal law, as distinguished from civil law, is a system concerned with punishment of individuals who commit crimes. Thus, where in a civil case two individuals dispute their rights, a criminal prosecution involves punishment for the acts declared as crimes by the state. Thus, the criminal law deals with crimes and their punishments. Criminal law enforces and regulates social contracts, in addition to prohibiting threats, harm or other element that endangers the health, safety and moral welfare of people within a jurisdiction. It also enforces punishment of offender who violates laws.

 

 Distinction between Civil and Criminal Law:

Civil law and criminal law are two entirely different kinds of law. They differ with each other on the following main points:-

The purpose of civil law is determination and enforcement of fundamental rights; whereas the criminal law is meant to punish for the criminal wrongs.

Civil law relates to the protection and infringement of private rights of person while criminal law relates to public rights and public wrong.

In civil cases, it is for the victim to decide whether or not to bring suit and State can not force victim to do so. In criminal cases, on the other hand, the decision of prosecution against the offender is made by the State. As crimes are committed often against the state, the state takes in initiative in prosecuting criminals; the state is in theory always responsible for conducting prosecution and criminal proceedings are conducted in the name of the state.

In civil law, the parties are called as ‘Plaintiff Versus Defendant. In criminal law, the parties are known as ‘State Versus Accused’ as crime is always committed against the state itself.

Court Civil law and criminal law differ from each other in terms of procedure as well. For Instance, in civil law the Code of Civil Procedure is applied by civil court while in criminal law Code of Criminal Procedure is applied.

In civil law, the right to file a suit is extinguished/finished after specified period. In criminal law, the right to initiate criminal case is never extinguished.

In civil law, plaintiff may discontinue the proceedings at any stage/ time but in criminal law this is allowed only in compoundable offences and with the permission of court.

In criminal law, the benefit of doubt is available to the accused but no such benefit is available in civil cases.

The standard of proof/ evidence in criminal cases is higher than the proof/evidence required in civil cases, since it is very important not punish an innocent and as the consequences in criminal justice are so grave and serious.

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