CLASIFICATION OF LAW
Imperative Law:
This refers to a
rule that prescribes a general course of action imposed by a supreme authority
and is enforced through superior power, which can be physical force or other
forms of compulsion.
v
There are three requirements for imperative law:
o
A general rule
o
Made by a supreme authority
o
Enforced by a supreme authority
·
Examples include traffic laws and criminal laws.
Scientific Law:
This type of law
expresses the uniformities of nature or uniformity in the conduct of living
beings or lifeless things. For instance, the laws of motion, gravitation, and
chemical reactions exhibit uniformity in the conduct of lifeless things.
Divine Law:
Divine law refers to the principles of natural
right and wrong, the principles of natural justice, if we use the term justice
in its widest sense to include all forms of rightful action. This type of law
is kind of an imperative law, imposed on everyone and made by the supreme
authority, Allah.
·
Examples include Namaz, Zakat etc.
Conventional Law:
Conventional law arises out of an
agreement between the parties to which it applies.
v
There are two types of conventional law:
o
The interference of the state, which involves
agreements in which the state is involved.
o The non-interference of the state, which involves agreements in which the state is not involved.
Customary Law:
This refers to a body of rules, unofficial and
generally unwritten, established through cultural or societal norms. When a
society considers certain behaviors or practices so common as to be required by
law, whether officially recorded or not, those beliefs establish the basis for
customary law.
·
Examples include respect for the crown in
England.
International Law:
International law, also known as public
international law and law of nations, is the set of rules, norms, and standards
generally accepted in relations between nations. It establishes normative
guidelines and a common conceptual framework to guide states across a broad
range of domains, including war, diplomacy, trade, and human rights.
International law aims at the practice of stable, consistent, and organized
international relations.
v
International law is further divided into two
types:
o
Common Law of Nations
o
Specific Law of Nations
Common Law Of Nations:
Those
international laws which are applicable generally to all the states of the
world are known as common laws of nations.
·
Example: to maintain peace in the world
Specific Law Of Nations:
Those laws which
are applicable on specific two or more states are known as specific law of
nations.
·
Example: 18th feb,1950
Friendship pact with Iran
Civil Law:
This refers to a
body of rules that delineate private rights and remedies and govern disputes
between individuals in such areas as contracts and property.
v
Civil law is classified into two types:
o
General
civil law
o
Special
civil law.
General Civil Law:
v
This is further classified into three types:
o
Statutory law
o
Common law
o
Equity
Statutory Law:
This refers to
laws that are passed by a written parliament in written form and are imposed on
every citizen by the state. Examples include traffic laws, tax laws, and
criminal laws.
·
Example:
o
Contract Act 1872
o
Transfer of property Act
o
Partnership Act
Common Law:
This refers to a body of unwritten laws based on legal precedents established by the courts. Common law is originated from England.
Equity:
This refers to decisions made by
judges based on their sense of justice when there is no remedy in common law.
Equity is based on a judiciary assessment of fairness, and it is often that
which is considered fair and right under natural law. It is used when the laws
themselves do not address an issue.
Special Civil Law:
v
This type of civil law applies to a particular place
or a specific area. There are five types of special civil law:
o
Local law
o
International
law
o
Martial
law
o
Covenantal
law
o
Autonomous
law.
Local Law:
This refers to the law that operates over a
particular locality. A local law must be consistent with any general law on the
same object.
·
Examples include human rights law in New York
City.
International Law:
International
law, also known as public international law and law of nations, is the set of
rules, norms, and standards generally accepted in relations between nations. It
establishes normative guidelines and a common conceptual framework to guide
states across a broad range of domains, including war, diplomacy, trade, and
human rights. International law aims at the practice of stable, consistent, and
organized international relations.
Martial Law:
This refers to the type of civil special law
that is made by the army for discipline, external and internal discipline in
times of war, in case
Conventional law:
Those laws which are made for agreements between two parties.
Autonomous laws are those law which are made by the independent bodies or intuitions to run their organization.
OR
Those laws which are made by an autonomous body are known
as autonomous law. Such autonomous bodies derived their power of law making by delegated
legislation.
·
Example:
o
A college
implement a rule that those students
are allowed for exams who must have 75% attendance in each subject.
o
A railway
company makes their own rules and law for their workers.
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