Write a detail note on the classification of Law?

Following are the Classification of Law:-

  • (1) Imperative or positive law.
  • (2) Physical or scientific law.
  • (3) Natural or Moral law.
  • (4) Conventional law.
  • (5) Customary law.
  • (6) International law.
  • (7) Civil law.
  • (8) Criminal law.
  • (9) Technical law.
  • (10) Territorial laws.
  • (11) Constitutional law.

Classification of Law by Salmond

(1) Imperative/Positive law:

Imperative laws are imposed by some authority which enforce it by superior power either by a physical force or any other form of compulsion. According to Austin there are three requirements of an imperative law.

  • (i) There must be a general rule.
  • (ii) There must be some authority behind it.
  • (iii) It must be enforced by superior power by physical force or compulsion.

(2) Physical or Scientific law:

Physical or scientific laws are expressions of the uniformities of nature or uniformity in conduct of living beings or life less things. The law of motion, gravitations and law of evolutions are included in it. The law of psychology mentioned those laws which reflect uniformity in the conduct of human beings.

(3) Natural or Moral law:

Natural law mean that law under which the whole system of universe works. It is also called law of nature or divine law. Natural laws are based on natural justice. In ancient time’s natural laws were more preferred then man made laws. These natural laws cannot be ignored that’s why courts always give paramount importance to natural laws, and as international law is a form of natural law that why it is the reason all the world give importance to the charter of united nations.

(4) Conventional law:

Conventional law must have, basis on an agreement between two parties and not the force or coercion of a superior. Conventional law is thus the name to a body of rules agreed to be followed by some parties in order to regulate their conduct towards one another.

(5) Customary law:

Customary law is originated from those customs, which are regularly observed for a long period of time without any interruption thus customary laws are those laws which are followed by people for a long time and thus became a form of law and the courts also recognize them and after the decision of courts they became precedent.

(6) International law:

It can be defined as those rules and regulations which are related to nations and which are recognized and are binding upon each of them. International laws can be of two kinds.

  • (i) Public international law.
  • (ii) Private international law.

Public international law is that kind of international law which relates to the body of rules and regulations, which governs the relationship among nations. And private international law, deals with cases, which have a foreign element.

(7) Civil law:

Civil laws are basically law of land, and they are enforced by the courts. The purpose of these laws are to regulate the relationship between the state and its citizen and determine the relationship among citizens. These laws are different from criminal or military law.

(8) Criminal law:

Criminal law prescribes punishment for criminal and it deals with acts, which are prohibited by law, and defines the prohibited act as offence.

(9) Technical laws:

Technical law consists of those rules and principles, which are developed in different arts. It is also known as practical law.

(10) Territorial laws:

Every law is legislated for a particular territory and is enforced within such territory. So therefore we can say that law is territorial in its nature.

(11) Constitutional law:

The nature of any state is basically determined by its constitution and it is considered as the basic and the supreme law of the country. It also provides the structure of the government.

Conclusion:

It can be stated that society is dynamic and is not the static in nature. As law are made for the people, therefore they are also not static in nature. Even scope, purpose and function of law cannot remain static. In fact, law has to grow with the development of the society in order to remain relevant.

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