Nature and Classification of Law

1. Different types of Law

Different authors categorize Law differently. The renowned classifications of law are as

below:

1. a) International and National Law

International law is concerned with disputes between nations; much of this law comes from

treaties which have been agreed by the government of the countries.

National law is the law which applies within a country; each country will have its own

national law and there are often wide differences between the law of individual countries.

1. b) Public and Private law

Within national law there is usually a clear distinction between public and private law. Public

law involves the State or government is some way, while private law is concerned with

disputes between private individuals or business.

Know your facts:

Judicial Review allows judges to consider whether a decision (or a refusal to make a decision) is
reasonable. If not, then the decision is re-considered.

Public Law There are three main types of law in this category:
i) Constitutional Law – This controls the method of government and any
disputes which arise over such matters as who is entitled to vote in an
election, or who is allowed to become a Member of Parliament, or whether
an election was carried out by the correct procedure.
 

ii) Administrative Law – This controls how Ministers of State or other public

bodies such as local councils should operate. An important part of this is the
right to judicial review of certain decisions.
 

iii) Criminal Law – This set out the types of behaviour which are forbidden at
 risk of punishment. A person who commits a crime is said to have offended
against the State, and so the State has the right to prosecute them. This is
so even though there is often an individual victim of a crime as well.

This is actually called civil law and has many different branches. The main
ones are contract, tort, family, succession, company and employment.

Private Law The issues related in it are based on person to person basis that is a
natural/artificial person brings a claim against another natural/artificial
person.

Figure 1.1 – Summary of the different categories of law

2. Distinguishing between Civil and Criminal Law

It is important to realize that civil law is very different from criminal law. Following are the

well-known differences between the two.

(i)           Criminal law is part of public law and civil law is the separate category of private

law.

(ii)          Courts and case proceedings are different for both the branches of law.

(iii)         The standard of proof is different. Criminal law works on the principles of “to prove

beyond reasonable doubt” whereas Civil law works on the basis of “balance of probability”.

3. Definition of Law and debates that followed

It is not easy to give a one sentence meaning or definition of the word Law – however, legal

theorists have tried in their own ways to define Law; for example, John Austin defined law

as being a command issued from a superior (the state) to an inferior (the individual) and

enforced by sanctions. Sir John Samond defined law as being ‘the body of principles

recognized and applied by the state in the administration of justice’. Law can also be defined

as a formal mechanism of social control.

3.1          Law and Morality

The moral values of communities lay down a framework for how people should behave.

Mostly morals are derived from the religious codes for example Bible for Christians and

Koran for Muslims. The law, however, will usually reflect the moral values accepted by the
majority of the country, but it is unlikely to be exactly the same as the common religious

moral code.

Morals and Law stands at a recognizable difference such as:

(i)           Morality cannot be deliberately changed; it evolves slowly and changes according to

the will of the people. Law can be altered deliberately by legislation: this means that

behaviour which was against the law can be ‘de-criminalised’ overnight.

(ii)          Morality is voluntary with consequences but generally carrying no official sanction.

Law makes certain behaviour obligatory with legal sanctions to enforce it.

(iii)         Breaches of morality are not usually subject to formal adjudication; breaches of law

will be rules on by a formal legal system.

3.2          Law and Rules

Law applies throughout a country to the people generally. There are other rules that apply

only to certain groups or in limited situations: for example, all sports have a set of rules to

be followed. There are also unwritten ‘rules’ within communities. These come from local

custom or practice, or they may be connected to religious beliefs. They enforce what is

regarded by the community as the norm for behaviour.

4. The Rule of Law

The rule of law is a symbolic idea. The best-known explanation of the rule of law was given

by Dicey in the nineteenth century. Dicey thought that the rule of law was an important

feature that distinguished English law from law in other countries in Europe. He held that

there were three elements that created the rule of law:

(i)           an absence of arbitrary power on the part of the State.

(ii)          equality before the law

(iii)         supremacy of the ordinary law.

The Constitutional Reform Act 2005 recognizes the rule of law and the importance of judicial

independence. It is evident in Section 1 and Section 3(1) of the Act.