Hello law knowledge seekers. In this blog a brief discussion about the "Classification of Law" is done. This is different from that of Kinds of law.
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This is an illustrative classification of law.
Introduction
Etymological meaning of classification
is “the process of putting something into category” or the basic cognitive
process of arranging into classes or categories. For a proper and logical
understanding of law its classification becomes necessary. As it elucidates the
way of systematic logical structure of the legal order. It explicates the inter
relation of rules and their effect to each other.
Origin and Meaning of the
Classification of Law
Notion of classification is very old.
Classification was first made by Roman Jurists. The ancient Hindu Jurists also
laid down eighteen titles or heads of “Vyavahara” i.e. civil law. They
distinguished civil and criminal law and classified crime law under various
heads.
There are two limitations in
classification of law
1) any classification will have only a
relative value and no universal principle or rules can be laid down for it. With
the onward march of time, old rule changed their nature and the field of application
and new rules based on different Principles come into existence. Therefore, a
new classification becomes necessary. Roman Jurist analyzed law in old times
but that classification is vague to present world.
2) any classification made keeping in
view the law of a Particular community or nation is not applicable to the law
of any other Community or nation. For Example; if one commits a breach of
promise to marry, in English law, it falls under contract, but in French law it
falls under delict. So, it’s not possible to discuss the classifications given
by various Jurists, only a General Classification shall be given which has been
adopted by most of Jurists of the modern times.
In the material content of laws there
is much overlapping among the laws of different countries. The major legal systems
of the world may be classified as (1) the common law, (2) the civil law, (3)
the socialist legality and (4) religious systems of law.
While the Indian legal system is
basically a common law system, it contains elements of the other three systems
as well. It is an open system taking in what is most suitable to our needs.
Classification of Law
1) International Law: The
Present form of international law is of recent origin some earlier Jurist were
of the view that the international law is not law as it lacked many elements
which law should have. Austin and his supporters were of this view. Some says
international law is law and it is superior to the municipal law Kelson
supports this view.
What is International Law?
The legal Process that concerns legal relations
among nations is called international law. Belief and experience some form
international law dates from at least the days of the Roman Empire. The united
nation is are of the Primary mechanism that articulate and create international
law. The major sources of international law are multilateral Treaties,
international custom and such General Principles as are recognized by civilized
nations.
According to some Jurists international
law may be divided into two classes.
(a) Public international law:
Public international law is that body of rules which govern the conduct and relations
of States with other, really speaking; the term international law is used for
this class of law.
(b) Private international law:
Private international law means those rules and Principles according to which
the cases having foreign element are decided for example, if a contract is made
between an Indian and Pakistani and it is to be performed the rule and
Principles on which the rights and liabilities of the Parties would be
determined would be called Private international law. This class of law is called
“Conflict of laws” also. After knowing the field of application of this class
of law, it is clear that the adjective “international” is wrongly given to it
because it applies to individuals and not to States and these rules and Principles
(called Private international law) vary from State to State and thus lacked
uniformity. This class of law is enforced by municipal courts which administer
municipal law and not international law, so, such a law does not process the
characteristics of international law. In modern times this class of law has
gained much importance and every States has made rules for its administration.
Therefore, it must be properly classified. It is submitted that it should be
given the name “Conflict of Laws” and not private international law and should
be treated as a branch of municipal Private law and should be classified as
such.
2) The Municipal law:
It is also called Law of land, Civil law, or law applied within a State is
divided into two classes:-
A) PUBLIC LAW:-
The State activities are largely regulated by Public law. It determines and
regulates the organization and functioning of the State and determines the
relation of the State with the subject.
Public law may be divided into three
classes:-
a) Constitutional law:
By constitutional law is meant that law which determines the nature of the
State and the Structure of the Government. It is above and superior to the
Ordinary law of the land. Constitutional law is the basic law or fundamental
law of the State. The constitutional law may be written as in India or
unwritten as in England. In modern times there is tendency to adopt written
constitution.
b) Administrative Law:
Administrative law deals with the structures powers and the functions of organs
of the administration, the limits of their Powers, the methods and Procedures
followed by them in exercising their powers and functions; the methods by which
there power are controlled including the legal remedies available to a person against
them when his rights are infringed by their operation.
c) Criminal law:
Criminal law defines offences and prescribes punishment for them. Its aim is
the prevention of and punishment for offences. Criminal law is necessary for
the maintenance of order and peace within the State. In civilized societies
crime is considered to be wrong not only against the individual (who has been wronged)
but a wrong against the society. Therefore, the State initiates the proceedings
against the offender, and thus it is always a party in criminal cases. This is
why the criminal law is considered as a branch of public law.
B) Private Law: This
branch of law regulates and governs the relations of citizens with each other.
The parties in such cases are private individuals and the State through its
judicial organ adjudicates the matters in dispute between them. In these cases
the State takes the position of only an arbiter. But it does not mean that the
State regulates all the conducts and relations of the citizens but regulates
only such of them as are of public importance and these relations (which State regulates)
constitute the civil rights of the citizens. The major part of municipal law
consists of this branch of law but in Totalitarian States the public law
regulates the major part of the social life.
In the Classification of private law
there is great difficulty. Different Jurists have given different
classification, a very General classification is as follows:-
a. The law of Persons
b. The law of Property
c. The law of obligations: The law of
obligations is divided into three classes.
(i) Contract
(ii) Quasi contract, and
(iii) Tort
d. The conflict of laws
e. Procedural Law
f. Evidence law
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