CLASSIFICATION OF LAW

Classification of Law

There are different meanings of the word law. Perhaps this is best conveyed by the

view of Baron De Montesquieu in his book, Spirit of the Law, where he wrote:

“Laws in the wider possible connotations are any necessary relation arising from a

thing in nature. In this sense, all beings have their laws; the Deity his laws, the

material world it laws, the intelligence superior to man its laws, the beasts their

laws, man his law…”

From the above, it can be seen that law is used in multiple senses. Thus it is

imperative for the different types of laws to be considered. They are:

1. Eternal Law

2. Divine Law

3. Natural Law

4. Human or Positive Law

1. Eternal Law: The word eternal means something that would last forever.

Eternal laws are laws that have applied since the beginning of time and would exist
till the end of time. These laws cannot be changed. A very good example of eternal

law is the law of gravity. From the inception of time, it has been understood that

what goes up must come down. This law would not be changed and is thus right to

be regarded as eternal.

2. Divine Law: Divine Law is referred to as laws made by a deity to govern the

affairs of man. A good example of divine law can be found in Islamic law as

postulated in the Q’uran. These laws are said to be given by God to the Prophet

Muhammed in order to guide the affairs of man.

The logic behind the use of divine law stems from the fact that God, accepted as all

knowing and all wise, is in the best position to make laws for the use of mankind.

3. Natural Law: In the legal sense, natural law can be said to be law as espoused

by the natural law theorists. This law is said to be the law that is innate in all

mankind and can be deduced through the use of reason. For example, it is accepted

in all cultures that murder is wrong and should be punished.

Natural law is said to be the guide which positive law must follow in order for it to

be valid. If Positive Law is at variance with natural law, it could lead to injustice in

the society.
4. Positive or Human Law: Positive Law can also be regarded as human law.

These are laws made by man in order to guide the conduct of members of the

society. They are laws made by persons given the authority to do so either directly

or indirectly by the society. Legal positivism doesn’t concern itself with morals.

Once a law has been enacted by persons in authority, it is valid.

According to Professor HLA Hart, a positivist,

” Law is a command and there is no necessary connection between law and morals

or law as it is (lex lata) and law as it ought to be (de lege ferenda).”

According to Blackstone, “Law in its most general and comprehensive sense

signified a rule of action and is applied indiscriminately to all kind of action

whether animate, rational, and irrational. Thus we say the laws of motion, of

gravitation, of optics or mechanics as well as the laws of nature and of nations.”

Before understanding the classification of law we need to understand

the Definition of law. The explanation differs from person to person and it may be

seen from the different angle, and one angle does not take the view of the other.
For a lawyer, the parameter of law is largely about cases. On the other hand, it is

all about justice to be done in good conscience. Law is defined by different jurists

on basis of its ‘nature’, ‘sources’ and in term of effect in the society and unless all

the elements are taken into consideration it will not make a perfect definition of

law.

Importance of Classification of Law

For a proper understanding of the law, it is necessary to classify it. Classification

of is important because it becomes easy to understand the meaning, nature, and

purpose of the law if it is classified properly. We can easily understand the subjects

of that law and its enforcement measures. It also helps in getting the logical

structure of the legal order. Further, it provides a systematic arrangement of rules.

Classification of law also helps in the codification of law. It also tells the

interrelation between different laws. And lastly, it is of a great help to the lawyers.

Classification is an age-old concept

Classification of law is not a new process, it has been done since early Roman

time. There was a classification of civil and criminal law and both had a different

procedure. Further, even in Hindu law, there was a classification of law. Even as

the society started to develop there was a classification of International law and

Municipal Law.
Limitations of classification of Law

1. Any classification will have relative Value and not the universal value. As it

is known that law changes from time to time and from place to place. The old

law may be in some classification category but when the new law came in

place of it might go in some other category.

2. Classification keeping in mind a particular community or group may not be

applicable to all, it may fall into one category in one country and it may fall

into another category in another country.

3. The distinction between different laws is not very clear such as Torts,

Contracts, and Quasi Contracts.

International Law

The law of the nations of the 18th century was classified as international law by

Bentham. It consists of the rule which regulates relations between states.

International Law has evolved a Lot in previous years. Earlier there was even a

doubt that whether the even international law is a law or not? Austin supported that

international law was not a law as it lacked many elements of the law. Then comes

jurists who believed that international law is a law and in fact a much superior law

than municipal law. Kelson was one such jurist.

Now there is no doubt, and most of the system has recognized international law as

a proper law and it is assuming more and more important as its scope is widening.

International law has been incorporated in national law by various countries such

as the USA has declared that all the international law will be part of the law of the

nation. The even UK has incorporated in their municipal laws and whenever there

is a conflict between international law and municipal law courts will have to take a

decision taking into consideration harmonious construction between them. India

constitution talks about the same.

International law can be classified as given below

1. Customary International law: these are rules that have been practiced from

time immemorial between nations such as the law of the sea.

2. Treaty Law: These are the rules made by the treaties between two or more

countries.

Further, it can also be classified as

1. Public international law: these are rules which govern the conduct and

relations of state with others.

2. Private international law: It includes rules and principles according to which

the cases having foreign elements are decided. For eg. There is a contract

between a person from India and USA, it will be decided by the private

international law whenever the dispute arises.

Municipal Law

Municipal Law is Law of that nation, it is the domestic law that governs the subject

of the state. It is opposite of international law. It includes state, provincial,

territorial, regional, or local law of a state. The force of the state is the sanction
behind the law. It is generally territorial in nature as it is applied only in the

territory of the country. The municipal law can further be divided into Public law

and Private Law.

Public Law and Private Law

Public Law

The state activities are largely regulated by the public law. It determines and

regulates the organization and functioning of the state and determines the relation

of state with its subjects. The term ‘Public’ implies either state, or sovereign part of

it or a body, or individual holding a delegated authority under the state.

Public Law can further be divided into

Constitutional Law:

The law which determines the nature of the state and structure of the government.

It is above and superior to the ordinary law of the land. It describes the

composition and function of the 3 organs of the state. Ordinary law derives its

value from the constitutional law.

It deals with function, power, and structure of the organs of administrative law.

Further, it also deals with the exercise of the political power of the organs of the

state within the limit of the constitution. It seeks to guarantee the citizen protection

against arbitrary action by the authorities. It seeks to prevent a miscarriage of

justice.

Criminal Law:

What we call criminal law broadly refers to federal and state laws that make

certain behavior illegal and punishable by imprisonment and/or fines. Our legal

system is largely comprised of two different types of cases: civil and criminal.

Civil cases are disputes between people regarding the legal duties and

responsibilities they owe each other. Criminal cases, meanwhile, are charges

pursued by prosecutors for violations of criminal statutes. Criminal law defines

crime and describes punishment for them. It is necessary for the maintenance of

law and order in the society.

It aims at prevention of crime and punishment of the wrongdoer. In a civilized

society, crime is always considered to be a crime against the state and not only

individual and that is why the state is always a party in a criminal proceeding and

that is why it comes under public law. It includes felonies and misdemeanors. The
standard of proof for crimes is “beyond a reasonable doubt.” Criminal law is

governed by Indian Penal Code, Crpc, evidence Act etc.

Private Law

By ‘Private Person’ it is meant an individual, or a group of person, is a unit of state

but in no matter represents a state.  The province of private law is the adjustment of

relation, between person and person. Parties to a case may be a natural or artificial

person, and state just acts as an arbitrator through courts. It does not mean that

state regulates all the matters of the dispute between individual, it only regulates

those matters which are considered to be of public importance.

Further classification of Private law is as follow

1. The law of the person

2. The law of property

3. The law of obligation

4. The conflict of laws

The law of obligation is further divided into 3 classes

1. Contracts

2. Quasi Contracts
 3. Torts

Civil Law and Criminal Law

Civil Law

It is a body of rules that defines and protects the private rights of citizens, offers

legal remedies that may be sought in a dispute, and covers areas of law such as

contracts, torts, property, and family law. It is derived from the laws of ancient

Rome which used doctrines to develop a code that determined how legal issues

would be decided. Further, it also expresses rights and duties of an individual and

is also states remedies on the breach of those rights. It is also based on the principle

of equity, good conscience, the general principle of law.

Criminal Law

What we call criminal law broadly refers to federal and state laws that make

certain behavior illegal and punishable by imprisonment and/or fines. Our legal

system is largely comprised of two different types of cases: civil and criminal.

Civil cases are disputes between people regarding the legal duties and

responsibilities they owe each other. Criminal cases, meanwhile, are charges

pursued by prosecutors for violations of criminal statutes. Criminal law defines

crime and describes punishment for them. It is necessary for the maintenance of

law and order in the society.

society, crime is always considered to be a crime against the state and not only

individual and that is why the state is always a party in a criminal proceeding and

that is why it comes under public law. it includes felonies and misdemeanors. The

standard of proof for crimes is “beyond a reasonable doubt.” Criminal law is

governed by Indian Penal Code, Crpc, evidence Act etc.

Substantive Law and Procedural Law

Substantive Law

The part of the law that creates, defines, and regulates rights.  Substantive law is

that law which defines right. It is concerned with the end which is administration

of justice.

Thesubstantive law refers to all categories of public and private law, including the 

Law of contracts, real property, torts, and Criminal Law. Law of Contract, Law of

Torts, Law of property, negotiable instruments are all substantive law

Procedural Law

In order to help ensure that the laws are applied fairly, there are certain rules and

procedures that must be enforced when a court hears any case, whether civil or
criminal. This set of laws, rules, and procedures is known as “procedural law.”

Procedural law derives the way to achieve the remedies whenever there is a breach

of right. It is called ‘Law of Action’ as it governs the process of litigation.

The procedural law deals with how to meet the ends of the justice. Procedural law

is the body of law that deals with the technical aspects, such as duties and

procedures for obtaining redress for a wrong. Procedural law is the rules for

conducting a legal action. This is in contrast to “substantive law,” which refers to

the actual laws by which a crime may be charged, or which govern how the facts of

the case will be accepted and presented. Civil Procedure Code and Criminal

Procedure code are examples of Procedural Law