Contents

UNIT THREE: CLASSIFICATION OF LAWS.................................1

3.1. Public and Private Law.................................................................................1
3.1.1. Public Law...................................................................................................1
3.1.2. Private Law.................................................................................................1

3.2. International and National Law....................................................................2

3.2.1. International Law.........................................................................................2
3.2.2. National Law................................................................................................3
3.2.3. Local Law....................................................................................................3

3.3. Substantive and Procedural Law..................................................................3

3.3.1. Substantive Law...........................................................................................3
3.3.2. Procedural Law............................................................................................3
3.3.3. Evidence Law...............................................................................................4

3.4. Civil and Criminal Law.................................................................................4

3.4.1. Civil Law.....................................................................................................4
3.4.2. Criminal Law...............................................................................................4
UNIT THREE: CLASSIFICATION OF LAWS
Unit Introduction
Classification is a shaping and developing of traditional systematic conceptions and traditional
systematic categories to organize the body of legal precepts, so that they may be:
 Stated effectively with a minimum of repetition, over lapping and potential conflict;
 Administered effectively.
 Taught effectively, and developed effectively for new situations.
We get three views as to the nature and end of classification. One is that the exhaustion. Another is
that classification is a means of revealing natural law that it may be made to reveal the real order of
interdependence in the things classified. A third is that it is simply a means of organizing knowledge
and thus of making it more effective for some purpose. It is difficult to establish a sharp division
between the different branches of the law.

Under this unit, classification of laws into public and private will be dealt. Next, the classification of
law into international and national, substantive and procedural, civil and criminal will be considered
respectively.

1.1. Public and Private Law

1.1.1. Public Law

Public law governs the relationship between the state and its citizens, regulating the acts of
individuals when acting in the general interest. It encompasses constitutional law, administrative
law, and criminal law.
 Constitutional law establishes the fundamental framework of government, defining the
organization of the state, its rules, and the powers of its political organs.
 Administrative law oversees the operations of the executive branch, including cabinet
ministers and local administrative bodies.
 Criminal law deals with offenses against society, defining crimes and imposing
punishments.

1.1.2. Private Law

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Private law, on the other hand, governs the relationships between individuals, regulating their
actions in their own private capacity. It encompasses civil law and procedural law.
 Civil law addresses disputes between individuals, covering contracts, torts, and property
matters.
 Procedural law outlines the rules and processes that must be followed when asserting or
defending rights in court.

1.2. International and National Law

1.2.1. International Law

International Law: This is the law of nations, named as international law by Bentham in 1780. It
consists of rules which regulate relations between states. It is considered legally binding by civilized
states in their intercourse with each other. International law is classified into:

Public International Law: Regulates the relation between states. For example, the
relations between Ethiopia and Sudan are governed by public international law.

Private International Law: Governs the relations between individuals of different

nationalities. It solves problems that arise when different nationals engage in
commercial and other civil transactions beyond their countries. It is also known as
conflict of laws.

Some scholars, like John Austin, Willoughby, and Holland, consider international law as positive
morality and do not agree that it is law properly so-called. They argue that since international law is
not set or enforced by a political sovereign authority, it is not law. However, others like Dr.
Oppenheim defend international law as “law” and say, “a weak law nevertheless is still a law”.

Salmond believes that international law is essentially a species of conventional law and has its
source in international agreements. These international agreements may be of two kinds, namely –
(1) express agreements as contained in treaties and conventions; and (2) implied agreements as
found in customary practices of the States.

Despite criticism against international law being treated as law proper, it has assumed great
importance in the modern world. A large part of this law is based on natural justice and principles of

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right reason which the States are expected to follow in their dealings with one another. Although this
law does not have any binding force behind it but the positive morality, underlying it does inspire
States to feel obliged to follow it.

1.2.2. National Law

National Law: This pertains to a particular nation and is also known as the law of the land. It is
applicable all over a country and may be statutory (enacted law), administrative, or case law. For
example, the law of the United States of America, France, or Ethiopia.

1.2.3. Local Law

Local Law: This is the law of a particular locality and not the general law of the whole country. It
may be local customary law, which has its roots in immemorial customs, or local enacted law, which
has its source in the local legislative authority of municipalities or other corporate bodies.

1.3. Substantive and Procedural Law

Civil procedure is nothing but a detached part of the civil law governing the manner of asserting and
defending rights before courts. Neither the Romans nor the Old French jurists segregated actions
from the body of the law. Substantive Law and Procedural Law are two key categories within the
legal field, and they serve different but complementary roles in the justice system.

1.3.1. Substantive Law

Substantive Law: This is the law that defines a right. Examples include the law of contract, transfer
of property, negotiable instruments, crimes, etc. Substantive law is concerned with the ends that the
administration of justice seeks to achieve. It refers to the set of laws that govern how members of a
society are to behave. It’s the “substance” of the law, defining rights and responsibilities in civil law,
and crimes and punishments in criminal law. It directly impacts citizens’ rights. Examples of
substantive law include contract law, tort law, and criminal law. For instance, the law that defines
what constitutes a contract breach is a substantive law.

1.3.2. Procedural Law

Procedural Law: This is the law that determines the remedies and governs the process of litigation.
It is also called ‘law in action’. Examples include the laws of civil procedure or criminal procedure.

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The rules provided under procedural law are inseparable from the substantive law. It provides the
process that the court will use to adjudicate the case. It’s the “procedure” to enforce legal rights or
providing redress to the courts. It lays out the steps for pursuing a legal case, detailing how
proceedings should be conducted, from filing a lawsuit to the sentencing of the offender. Examples
of procedural law include rules of evidence, jurisdiction rules, and appellate procedure. For instance,
the law that sets the rules for a trial is a procedural law.

1.3.3. Evidence Law

Evidence Law: This is the law that consists of the rules and principles which govern the relevancy,
admissibility, weight, and competency of evidence. It comprises the legal rules regulating the means
by which any alleged matter of fact, the truth of which is submitted to investigation, is established or
disproved. Evidence law is an adjectival law, as opposed to substantive law, and focuses on the trial
process, particularly on the fact-finding element in the trial.

1.4. Civil and Criminal Law

In essence, while civil law is concerned with disputes between individuals or organizations, criminal
law deals with behavior that is or can be construed as an offense against the public, society, or the
state.

1.4.1. Civil Law

This branch of law deals with the definition and enforcement of all private or public rights, as
opposed to criminal matters. Civil law is enforced by the State and is essentially territorial in nature
as it applies within the territory of the State concerned. In Ethiopia, for example, there is a civil law
codified in 1960, known as the Civil Code. The term civil law is derived from the Roman word ‘jus
civile’. Some scholars, like Austin and Holland, prefer to call civil law as ‘positive law’ because it is
enforced by the sovereign political authority. However, Salmond justifies the term ‘civil law’ as the
law of the land, arguing that positive law is not necessarily confined to the law of the land. For
example, international law is a kind of jus positivism, but it is not a civil law.

1.4.2. Criminal Law

Also known as Penal law, it unquestionably forms part of public law. The state alone, representing
the nation, has the right to punish. Prosecutions and condemnations are carried out in its name. The
application of penalties is a part of the administration of a state. Today, for instance, Ethiopia has a
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criminal law enacted in 2004 which is a revision of the 1957 Penal Code of Ethiopia. The
designation is changed to criminal law because penal law has a negative connotation which carries
penalty only.

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