Classification of Law

Then what is law?

Various Definitions of Law

Definition of law is a rule of conduct developed by the government or
society over a certain territory. Law follows certain practices and
customs in order to deal with crime, business, social relationships,
property, finance, etc. The Law is controlled and enforced by the
controlling authority. Let us explore the various definitions of law by
different authors in detail.

Various Definitions of Law

There are broadly five definitions of Business Law. Let’s walk through
each of them briefly.

1. Natural School

In the natural school of thought, a court of justice decides all the laws.
There are two main parts of this definition. One, to actually understand
a certain law, an individual must be aware of its purpose. Two, to
comprehend the true nature of law, one must consult the courts and not
the legislature.

2. Positivistic Definition of Law

John Austin’s law definition states “Law is the aggregate set of rules
set by a man as politically superior, or sovereign to men, as political
subjects.” Thus, this definition defines law as a set of rules to be
followed by everyone, regardless of their stature.

Hans Kelsen created the ‘pure theory of law’. Kelsen states that law is
a ‘normative science’. In Kelson’s law definition, the law does not seek
to describe what must occur, but rather only defines certain rules to
abide by.

3. Historical Law Definition

Friedrich Karl von Savigny gave the historical law definition. His law
definition states the following theories.

 Law is a matter of unconscious and organic growth.

 The nature of law is not universal. Just like language, it varies with
people and age.
 Custom not only precedes legislation but it is superior to it. Law
should always conform to the popular consciousness because of
customs.
 Law has its source in the common consciousness (Volkgeist) of the
people.
 The legislation is the last stage of lawmaking, and, therefore, the
lawyer or the jurist is more important than the legislator.
4. Sociological Definition of Law

Leon Duguit states that law as “essentially and exclusively as a social

fact.”

Rudolph Von Ihering’s law definition. – “The form of the guarantee

of conditions of life of society, assured by State’s power of constraint.”

This definition has three important parts. One, the law is a means of
social control. Two, the law is to serve the purposes of the society.
Three, law due to its nature, is coercive.
Roscoe Pound studied the term law and thus came up with his own law
definition. He considered the law to be predominantly a tool of social
engineering.

Where conflicting pulls of political philosophy, economic interests, and

ethical values constantly struggled for recognition.

Against a background of history, tradition and legal technique. Social

wants are satisfied by law acting which is acting as a social institution.

5.Realist Definition of Law

The realist law definition describes the law in terms of judicial

processes. Oliver Wendell Holmes stated – “Law is a statement of the
circumstances in which public force will be brought to bear upon
through courts.”

According to Benjamin Nathan Cardozo who stated “A principle or

rule of conduct so established as to justify a prediction with reasonable
certainty that it will be enforced by the courts if its authority is
challenged, is a principle or rule of law.”

As the above law definitions state, human behavior in the society is

controlled with the help of law. It aids in the cooperation between
members of a society. Law also helps to avoid any potential conflict of
interest and also helps to resolve them.

The law is a set of societal rules laid down for regulation of a safe society, that
lists things that are forbidden, and the penalties that society will impose if you
are found in violation of them.

Its characteristics are:

 The label of the crime.

  The definition of the crime.
 The severity of the crime.
 The penalties for doing the crime.
 The exceptions that would make it not be a crime.

Law is a formal product of a legislative or judicial body that is a principle

governing the affairs of people within a state or among political limits.

CHARACTERISTICS OF LAW

1. SUITABILITY: Because the legislature is equipped with the necessary

investigative apparatus, it is in a position to identify the society's ill and
to provide necessary solution for it.
2. CLARITY: A piece of law whose provisions are confused or unintelligible
to the generality of the people can hardly command the respect of, or
observance by them. A law that is unintelligible is as good as one that
was never communicated. To punish members of the society for a
deviation from standard that they are not aware of is a consequence of
modern society will hardly tolerate. No matter by what name such a rule
is known it can hardly be accorded the dignity of law by the society.
3. PROSPECTIVE: Laws often lay down rules for the future guidance while
customary laws follows the people social practice. Therefore, a codified
law must have future prospect in mind.
4. PUBLICITY: Before law can be codified, it must have greater or wider
publicity.
5. PRACTICABILITY: The law should not demand from the people a conduct
that is obviously impracticable or patently absurd.
6. CERTAINTY: A law must provide clear rules with emphasis on the
mischief it want to minimize.
Also, a law once made in accordance with the laid down procedure is “law” no
matter how immoral or unjust it may be in it context. If law must prescribe for
society norms of conduct, it is very important that such law must be certain or
reasonably ascertanable. Any modern legal system no matter its ideology is
premise upon certainty, clarity, efficiency and adequate legal techniques
provided by a coherent system of concepts and classifications. It is a social need
that the law must be applied impartially and consistently. Law is meant to
protect people and property from harm. Without laws we can't imagine
regulating any society.

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Classification of law is an ancient idea that goes back in time. The
original organisers of things were the Roman legal experts. Similarly,
the ancient Hindu legal experts created 18 categories or sections for
“Vyavahara,” which is about civil law matters.
Criminal law is separated from civil law and put into different groups.
However, there are two limits to how laws are categorised. Any
arrangement is only useful in relation to other things and there can’t
be a set of big principles or rules for it.
The old guidelines changed over time in how they worked and the
situations they were used. New guidelines based on new ideas also
came up. So, a new way of organising is needed. The Roman legal
experts used to organise laws, but today’s world thinks that their way
of organising isn’t clear.
Laws can be classified in many ways, such as criminal law and civil law,
public law and private law, the real rules and the process rules, laws of
one country and laws that work across countries and so on.
Contents hide
1. Meaning of Classification of Law
2. Purpose of Classification of Law
3. What is Classification of Law?
4. Classification of Law As International and National Law
4.1. International Law
4.2. Municipal Law or National Law
5. Classification of Law As Public and Private Law
5.1. Public Law
5.2. Private Law
6. Classification of Law As Civil Law and Criminal Law
6.1. Civil Law
6.2. Criminal Law
7. Classification of Law As Substantive Law and Procedural Law
7.1. Substantive Law
7.2. Procedural Law
8. Conclusion

Meaning of Classification of Law

The classification of law refers to the systematic arrangement and
categorisation of various legal principles, rules and areas of law based
on their nature, purpose and scope. It involves grouping different types
of laws together to facilitate better understanding, organisation and
study of the legal system.
By classifying laws, legal experts and practitioners can easily identify
and differentiate between different aspects of the law, making it more
manageable to navigate the complex and diverse field of legal
regulations. The classification helps in structuring legal education,
practice and research and it assists in clarifying the relationships
between different branches of law and their applications in various
situations. Overall, the classification of law contributes to a clearer and
more organised understanding of the legal framework.
Purpose of Classification of Law
 The purpose of classifying law is to bring order and clarity to the
intricate web of legal principles and regulations. By systematically
categorising different types of laws based on their characteristics,
nature and scope, the classification process enhances the
understanding, interpretation and application of the legal framework.
This organisation aids legal professionals, scholars and students in
comprehending the diverse aspects of law more effectively.
Furthermore, classification enables streamlined legal education and
research by providing a structured roadmap to navigate the
complexities of the legal system. It assists in identifying connections
and distinctions between various branches of law, fostering a more
cohesive understanding of the legal landscape.
The classification of law also aids in legal practice by facilitating access
to relevant legal precedents and principles. Ultimately, this systematic
arrangement fosters a more efficient and accessible legal system,
promoting informed decision-making, whether in courtrooms,
legislative bodies or academic studies.
What is Classification of Law?
The classification of law involves categorising different types of laws
based on their nature, scope and purpose. This helps in organising and
understanding the various branches of law. Here are some common
classifications of law:
 Public Law vs. Private Law: This classification divides law into
public laws that deal with government and society (like constitutional
law and administrative law) and private laws that regulate
relationships between individuals and entities (like contract
law and tort law).
 Substantive Law vs. Procedural Law: Substantive law defines
rights, duties and responsibilities, while procedural law outlines the
process of enforcing those rights and resolving disputes.
 Civil Law vs. Criminal Law: Civil law deals with disputes between
individuals or entities, seeking compensation or specific actions,
while criminal law addresses offences against society, aiming to punish
wrongdoers.
 National Law vs. International Law: National law pertains to rules
within a specific country, while international law governs relations
between countries and entities on a global scale.
Classification of Law As International and
National Law
The classification of Law can be done as International and National
Law.
 International Law
International Law is a classification of law that deals with the rules for
how countries interact with each other. It’s like a set of guidelines that
countries follow when they have dealings with one another. These
rules are based on traditions and agreements that countries agree to
follow when they interact.
To put it another way, International Law is a collection of traditional
and agreed-upon rules that are considered official by well-behaved
countries when they deal with each other. According to the Oxford
Dictionary, International Law is defined as “a set of rules that are
created by tradition or agreements between countries and are seen as
binding when countries interact with each other.”
This type of law mostly comes from agreements (treaties) between
well-behaved countries. International Law can be divided into two main
parts:
(a) Public International Law
This is the set of rules that controls how one country behaves toward
other countries. For instance, if two countries agree to send back
criminals who have run away to the other country, that’s an example
of Public International Law.
(b) Private International Law
This means the rules that decide what happens when situations involve
different countries. For example, if an Indian person and a British
person make a deal in India but it’s supposed to be carried out in
Nepal, the rules that decide what rights and duties the people have are
called ‘Private International Law‘.
Municipal Law or National Law
Municipal Law refers to the laws of a specific nation, the laws that
apply within a country’s borders. It’s the internal law that governs the
people who are part of that country. This is different from International
Law, which deals with how countries interact on a global level.
Municipal Law handles things like how individuals relate to each other
within the country and how the country’s government interacts with its
citizens. The government approves these laws. It’s usually limited to
the country’s territory.
Municipal Law can be classified into two main parts:
 Public law
 Private law
Classification of Law As Public and Private
Law
The classification of Law can be done as Public and Private Law.
Public Law
Public law refers to the part of the law that handles relationships
between legal entities, like individuals and the government. It also
deals with interactions among different parts of a country’s
institutions, including different branches of the government.
Additionally, public law covers relationships that directly affect society.
It’s about how the government functions and is accountable.
This type of law sets the rules for how a country is organised and how
it operates. It also defines how the government interacts with its
citizens. When we say ‘public,’ we mean the state itself or parts of it
that have authority, as well as individuals or bodies that have been
given power by the state.
Public law can be divided into specific categories:
Constitutional Law: Constitutional Law determines the nature of the
state and how the government is structured. It’s the highest form of
law, above all other laws. It outlines how the three branches of
government function. Regular laws get their importance from
constitutional law.
Administrative Law: Administrative Law allows the creation of public
regulatory agencies. It covers laws, court decisions and rules related to
these agencies. These laws are made by administrative agencies to
define how they can use their powers and fulfil their duties through
rules, regulations, orders and decisions.
Criminal Law: Criminal Law defines what counts as a criminal offence,
regulates how crimes are recognised, establishes charges and trials for
suspects and sets out the ways punishment and treatment are applied
to convicted offenders. Its main goal is to prevent crime and penalise
wrongdoers.
Private Law
Private Law is the branch of law that deals with legal relationships and
disputes between individuals, organisations or entities that are not of
significant public concern. It governs the interactions and obligations of
private parties, such as individuals, businesses and organisations, in
their personal and business affairs.
Private law encompasses a wide range of legal matters, including
contracts, property ownership, torts (civil wrongs like negligence or
defamation), family law (such as marriage, divorce and child custody),
inheritance and more. Its focus is on resolving conflicts and ensuring
fairness in private matters between individuals and entities.
In contrast to Public Law, which governs relationships between
individuals and the government or matters of public interest, Private
Law is primarily concerned with the rights, duties and liabilities that
individuals and entities have toward each other in their private
interactions.
Classification of Law As Civil Law and
Criminal Law
The classification of Law can be done as Civil Law and Criminal Law.
Civil Law
Civil law refers to the legal area that deals with actions that cause
harm to an individual or a private party, like a company. Examples of
civil law cases include instances of defamation, breaking contracts,
negligence that results in harm or death and causing damage to
property. In civil law cases, individuals (called plaintiffs) start the legal
process by filing suits.
Typically, a judge makes the decisions. Penalties in civil law cases
usually involve monetary compensation and never imprisonment. The
plaintiff needs to prove the defendant’s responsibility based on the
“preponderance of evidence,” which means showing it’s more likely
than not. Defendants in civil cases don’t have the same legal
protections as those accused of crimes.
Criminal Law
Criminal law involves actions that are considered crimes against the
public, society or the state, even if an individual is the immediate
victim. Examples include murder, assault, theft and driving under the
influence. In criminal law, the focus is on protecting public interests.
This includes punishing and rehabilitating offenders while safeguarding
society.
The government assigns the police and prosecutors to enforce criminal
law. Public funds cover these services. If you’re a crime victim, you
report it to the police, who investigate and find suspects. Generally, if
there’s a proper charge with evidence, the government, not the person
who reported the incident, brings the case to court.
Classification of Law As Substantive Law and
Procedural Law
The classification of Law can be done as Substantive Law and
Procedural Law.
Substantive Law
Substantive law is the set of laws that outlines the original rights and
responsibilities of individuals. It can come from common law, statutes
or a constitution. For instance, a legal claim related to breach of
contract, negligence or fraud is considered a substantive right under
common law. This law essentially defines the rules that determine the
rights and duties of both individuals and groups.
Procedural Law
Procedural law is the set of legal rules that establish how substantive
law is developed, upheld and used, especially within a courtroom.
Procedural law deals with the specific processes that guide the
progression of a case. It outlines the methods through which
substantive laws are enforced and applied. In essence, procedural laws
lay down the guidelines for ensuring that substantive laws are followed
correctly.
Conclusion
The classification of law, a systematic categorisation based on its
attributes, holds immense significance in the realm of legal
comprehension. By providing a structured framework, it aids in
navigating the intricate mase of legal principles and regulations. This
organisation not only enhances our understanding of the multifaceted
legal landscape but also streamlines legal education, research and
practice.
Whether distinguishing public from private law, substantive from
procedural law or national from international law, this classification
fosters clarity and coherence, contributing to a more accessible,
informed and effective legal system overall.