Classification of Law

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.

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.