Hello law knowledge seekers. Here a discussion on kinds of law is given. Please read this article till the end.
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This diagram is an illustrative classification of types of laws.
Introduction:
Law is used in different senses. The
use of the term “law” is made in various senses. It denotes different kinds of
rules and Principles.
Blackstone says “law in its most
general and comprehensive sense signifies a rule of action and is applied
indiscriminately to all kinds of action whether, animate, rational, irrational.
Thus we say the law of motion, of gravitation, of optics or of Mechanics, as
well as the law of nature and nations” it is helpful in understanding the
different senses in which “law” is used in various fields of knowledge.
Types of law as per Salmond:
Sir John Salmond refers to eight kinds
of law as follows:
1. Imperative law:
Imperative law means a rule of action
imposed upon by some authority which enforces obedience to it. In other words
it is a command enforced by some superior power either physically or in any
other form of compulsion.
The Imperative law can be further classified as:
a) Divine laws: Divine laws are consists of the
commands imposed by God upon men either by threats of Punishment or by hope of
his blessings in this world or in the next world.
b) Human laws: Human laws are the laws by analogy. Human laws change from time to time and
from country to country.
Salmond classified Human laws as follows:
i) Civil Law:
ii) Moral Law: Imperative law imposed and enforced by
members of society is “Moral law”
iii) Autonomic Law: Laws those imposed and enforced by
different institutions or autonomous bodies like Universities, airline
companies etc they are called “Autonomic law”
iv) International Law: Those imposed upon States by the
society of States are called “International law”
2. Physical or scientific law
Physical laws are the expressions of
the Uniformities of nature and General Principles Expressing the Regularity,
and Harmony observable in the activities and operations of the universe. They
are not the creation of men and cannot be changed by them.
3. Natural or moral law:
By natural law is meant the principles of natural right and wrong (the Principles of natural Justice)”. It is unwritten, but written by God in the hearts of men. The constitutions of many nations applied principles of natural law.
It has various other names such as,
“the Moral law” “Divine law” “God Law” “universal or eternal law” and “law of
reason” etc.
Natural laws have been called
Divine law:- commands of God imposed
upon men.
Law of Reason: - being established by
that reason by which the world is Governed.
Unwritten law:- as being written not an
brazen tables or a pillar of stone but by the finger of nature in the hearts of
people.
Universal or common law:- being of
universal validity
Eternal law: - being uncreated and
invariable
Moral law:- being the expression of the
Principles of morality
4. Conventional law
It is the body of rules agreed upon and
followed by the concerned parties to regulate their mutual conduct. It is form
of special law and law for the parties which can be made valid or enforced
through an agreement. Thus it is a rule or set of rules which is the outcome of an agreement between the persons or the group of persons.
A Good example of the conventional law
is the International law, laws of cricket or any other game, rules of club. It
has been further divided into two groups which are:-
1. Rules enforced by the parties
themselves but not recognized by the State e.g. the rules of hokey
2. Rules which are recognized and
enforced by the State, e.g. contract etc.
5. Customary law
Custom is a bonafide practice or usage being observed by the people in general form generations to generations and the starting point of which is unknown.
Customary laws are those rules of
custom that are habitually followed by the majority of the persons subject to
them in the belief of binding nature.
According to Salmond, customary law means
“any rules of action which is actually observed by men i.e. any rule which is
the expression of some actual uniformity of voluntary action. Thus a customary law means those rules and principles which have been observed in a particular community in actual practice from long time.
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.
6. Practical or technical law
It consists of Principles and rules for
the attainment of certain ends e.g. laws of health which are necessary to get a healthy life, laws of architecture which provide for guidelines in construction of a building. These
rules guide us as to what we ought to do in order to attain certain ends.
7. International law
According to “Hughes” international law
is the body of Principles and rules which civilized States consider as binding
upon them in their mutual relations. It can be as the name for the body of
customary and conventional rules, which are considered legally binding by
civilized States in their intercourse with each other. According to Salmond it
is considered of these rules which the sovereign States have agreed to observe
in their dealings with one another.
International agreements are of two
types: either expressed or implied.
Express agreements are contained in
treaties and conventions, while implied agreements are to be found in the
custom or practice of the States.
International law is of two kinds:
I) Public International law:
It prevails universally all over the world.
II) Private International Law:
It is enforced only between some of States.
8. Civil law
It is the law of the States regarding
the land “Civil Law” according to the Salmond , is “the law of State or the
law of the land, the law of lawyers and the law of the courts”. Civil law is
the positive law, or law of the land which means the law as it exists. It is
backed by the force and might of the State for purposes of enforcement. Civil
law differs from special law as the latter applies only in special
circumstances the other term is used for the civil law is Municipal Law and
national law.
There are also following kinds of law:
9. Common law:
Earlier, in England, there were two kinds of courts namely: Equity Courts (Court of Chancery and Common Law Courts. Equity Courts used to decide cases applying the principles of equity i.e. justice, equity and good conscience.
Whereas the common law courts used to decide cases basng on common law i.e. the principles, rules evolved by the judges during judicial pronouncements. Hence, the common law is also known as Judge-made law. In India, almost all laws are originated from British Common Law.
The Equity Courts and Common Law Courts were merged with the passing of the Judicature Act, 1875.
10. Special Law:
Special law is applicable to specific region, specific sector of society. e.g. The Madras City Improvement Trust Act, 1950 is applicable to only within Madras City Municipal Limits. Martial law e.g. The Army Act are applicable to soldiers only in normal times, and may be applicable to civilians also during war time.
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