Classification of Law:

Rule And Principle:

A rule is something compulsory or mandatory, depending. It’s been defined by someone or

a group (Law, Parliament, competent authority, etc). You are required/obliged to obey it.
According to The Cambridge Free online Dictionary :

It is “an accepted principle or instruction that states the way things are or should be done,
and tells you what you are allowed or are not allowed to do.”

A principle is

#1 a basic idea or (I think physical/mechanical/chemical etc) rule that explains or controls

how something happens or works. There is no real obligation here.

#2 A principle can also be called a moral “rule” or standard of good behavior. Here, we deal
with a social standard behavior. It is not 100% mandatory nor compulsory.

Classification of Law:

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, 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 law is not very clear such as Torts,
Contracts, Quasi Contracts.

Legal concept and the law:

Legal concepts are typically encountered in the context of legal norms, and the
issue of determining their content cannot be separated from the issue of
identifying and interpreting (or constructing) the norms in which they occur,
and of using such norms in legal inference. Consequently, it can be argued that
a legal system endows its concepts with meaning exactly by embedding such
concepts (the terms expressing them) within certain legal norms. Rather than
assuming that legal terms have a prior independent meaning, according to
which we should determine the meaning of the norms containing them, we
should focus on the norms containing such terms and on the inferences they
enable, and consequently determine the conceptual contents that such terms are
meant to convey. This is particularly the case for the so-called ‘intermediate
legal concepts,’ namely, those concepts through which legal norms convey both
legal consequences and preconditions of further legal effects, as we shall see in
the following. These are indeed the concepts whose semantics we want to
investigate, and to which we shall refer when speaking of ‘legal concepts’ tout
court.

International Law and Municipal

Law
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 state.

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 has also incorporated international law into
their municipal law. Article 51 of the 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.

Administrative 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
Usually the state does not get involved in the regulation of civil disputes, other than providing courts to
hear the dispute

• The main purpose of civil law is to regulate conduct and compensate individuals who have been
harmed by the wrongful actions of others.

There are 6 types of Private Law :

1. Tort Law 2. Contract Law 3. Family Law 4. Wills and Estates 5. Property Law 6. Employment Law

Tort Law

• Tort Law “Woman seeks $1.5 million for damages after being burned by hot coffee”

• This headline described demands for large amounts of money to compensate for harm, pain, suffering,
or financial loss cause by the careless actions of others.

• Tort Law is the branch of private (civil law) that holds a person or private organizations responsible for
damage they cause another person as a result of an accidental or deliberate action.

• People now do whatever they can to avoid being held responsible for accidental injuries

Contract Law

• The branch of law that provides rules regarding agreements between people and businesses

• Deals with the every day transactions in which people purchase or provide goods and services.

• If one party does not uphold the terms of the agreement, the other may seek the assistance of the
court to ensure that the terms are enforced

Family Law

• The branch of law dealing with various aspects of family life

• This law recognizes that parents are responsible for providing the necessities of life for their children

• And also vise versa, children have to provide necessities to support elderly parents in need

Wills and Estates

• Estate Law is the branch of civil law that is concerned with the division and distribution of property
after death

• Estate lawyers make sure that their clients have legally binding wills that properly reflect how they
want their property to be divided when they die
• Also resolves disputes if someone challenges the terms of the will after a person dies

• Also governs what will happen to the property of a person who dies without having a will

Property Law

• The branch of civil law that governs ownership rights in property

• Today much of our property laws can be found in Statue Law

• Also regards the transfer of property to others

Employment Law

• Governs the employee-employer relationship

• Federal and Provincial governments have enacted laws that regulate the work-place, and the balance
of rights.

• In Canada, laws protect children from working under age, restricts the number of hours that an
employee must work, and specifies the minimum wage for workers

• Also governs hiring and firing practices

• Protection from discrimination an harassment in the workplace

• Safety rules

• Unions

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.

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.

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. The
substantive law refers to all categories of public and private law, including the
law of contracts, real property, torts, andCriminal Law. Law of Contract, Law of
Torts, Law of property, negotiable intruments 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.

Common law and equity:

Law may further be classified as per the nature as to whether they form part of the
common law or equity. The distinction between the systems of common law and
equity rises from far long in history and could be understood properly by an
examination of the origins of English law. The common law is the law followed and
gained by the Crown of England. It could be traced back to 1066 when William of
Normandy obtained the crown of England by defeating King Harold in the Battle of
Hastings. Before the Normans arrived there was no such thing known as English
law. The Anglo-Saxon system of law was based on the local community. Each and
every area possessed its own system of courts whereinthe local customs were applied
as common law. The Normans were great administrators and they undertook a
process of centralisation that created an accurate climate for the evolution of a
uniform system of law for the entire country which is equally applicable as a rule of
law.