Classification Of Law By Salmond

Classification Of Law By Salmond

Salmond has given following two classifications of law:

  • (1) General Law.
  • (2) Special Law.

(1) General Law:

General Law means that law, which is applicable to all persons, things and events within territory of a country. Such law is also called territorial law.

(i) Different Forms Of General Law:

General Law can appear into following three forms:

  • (a) Equity
  • (b) Common Law
  • (c) Statute

(2) Special Law:

Special Law consists of those legal rules, which are not recognized by courts, but parties prove and bring such legal rules to notice of courts. Another prominent feature of special law is that such law is not applicable to the whole of country.

Types Of Special Law:

Following kinds have been recommended by Salmond as kinds of special law.

  • (i) Martial Law
  • (ii) Prize Law
  • (iii) Local Law
  • (iv) Laws of Autonomous Bodies
  • (v) Conventional Law
  • (vi) Private International Law

(i) Martial Law:

If a law is administered by courts, which are established and maintained by military authorities, then such law is called Martial Law and this is a kind of Special Law. Martial Law can be further divided into following three kinds.

  • (a) Military Law.
  • (b) Law to govern domain itself by derogating Civil Law.
  • (c) Law to govern occupied territory during war-times.

(a) Military Law:

Military law means that law, which is for discipline and control of army.

(b) Law To Govern Domain Itself By Derogating Civil

Law: Second kind of Martial Law is that law, by which army governs domain itself and it is done after derogation of Civil Law

(c) Law To Govern Occupied Territory During War-Times:

Another kind of Martial Law is that law, through which army governs an occupied territory during times of war, but such territory is located outside domain.

(ii) Prize Law:

Prize Law is that law, which is to regulate practice of capturing of ships and cargos at sea during time of war.

(a)Features Of Prize Law:

Followings are two prominent features of Prize Law:

  • (a-i) Prize law is civil law..
  • (a-ii) Prize law is International Law.

(a-i) Prize Law Is Civil Law:

Prize law is administered by civil courts. Therefore, it is considered as Civil Law.

(a-ii) Prize Law Is An International Law:

Regulation of practice of capturing of ships and cargos is usually a matter between nations. Therefore, Prize Law is also considered as International Law.

(iii) Local Law:

Local Law is that law, which is applied to a locality and not to the whole country. Local Law can be further divided into following two kinds.

  • (a) Enacted Law.
  • (b) Local Customary Law.

(a) Enacted Law:

This Enacted Law is enacted by some local legislative authority.

(b) Local Customary Law:

Local Customary Law is that law, which is born out of immemorial customs, which have been practiced in a particular locality.

(iv) Laws Of Autonomous Bodies:

These laws are also called Autonomic Laws or By-Laws. These laws are for those institutions or departments, which are internally autonomous. These laws can not be applied to common persons, but are applicable to persons concerned with autonomous institutions or departments, and these laws are subordinate to Civil Laws. The best examples of these laws are universities laws, corporation laws etc.

(v) Conventional Law:

When two or more persons or organizations or states agree to rules and codes through some contract, then such rules and codes assumes status of law, and such law is called conventional law. It means that conventional laws come into existence through contracts.

(vi) Private International Law:

This kind of special law is also called conflict of laws or Foreign Law. Best explanation for this kind of Special Law is that Municipal Courts can apply a rule of foreign law for determination of rights and responsibilities of parties.

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