KINDS / CLASSIFICATION OF LAW BY SIR JOHN SALMOND

PREPARED BY ADVOCATE AHTISHAM AMJAD IQBAL

FOR 1ST SEMESTER STUDENTS OF JUSTICE LAW COLLEGE, ABBOTTABAD

1. INTRODUCTION. John Salmond, a notable legal thinker, developed a way to

understand different types of laws by dividing them into categories. This helped people
to see how laws work in various parts of life. He split laws into groups like laws that
deal with people's rights (substantive laws) and how these rights are protected
(procedural laws). He also looked at how laws differ when they involve the government
(Imperative Law) versus when they're just between people or businesses (Conventional
Law). Additionally, he distinguished between laws that deal with private disputes, often
needing compensation (Civil Law), and laws that handle crimes against society, like
theft or assault (Criminal Law). Lastly, he separated the laws within a country from
those that apply between different countries (International Law). Salmond's approach
makes it easier to understand and study the complex world of law.
2. DEFINITION OF LAW BY SALMOND. John Salmond defined law in a
straightforward way: Law, according to him, is the body of principles recognized and
applied by the state in the administration of justice. In simpler terms, it's a set of rules
that a country or community recognizes as regulating the actions of its members and
which it may enforce by imposing penalties. This definition highlights law as a tool for
maintaining order and fairness in society, used by the government to ensure that
people's actions meet agreed-upon standards.
3. KINDS / CLASSIFICATION OF LAW BY SALMOND. As per John
Salmond law is divided into the following kinds: -
a. Imperative or Positive Law
b. Physical or Scientific Law
c. Practical or Technical Law
d. Natural or Moral Law
e. Conventional Law
f. Customary Law
g. International Law
h. Civil Law
i. Criminal Law
4. IMPERATIVE LAW. Imperative law is essentially about commands and
enforcement. Salmond viewed this type of law as a set of rules imposed by a sovereign
or governing body that has the authority to make such rules. These laws are
"imperative" because they command people to behave in certain ways and prohibit
certain actions. The key characteristics of imperative law include:
a. Authority. Imperative laws are made by an entity that has the power
or authority to enforce them, such as a government or a king.
b. Obligation. These laws create an obligation for people to act or not
act in specific ways. They are not just guidelines or suggestions but are
compulsory.
c. Sanction. This is crucial in imperative law. If the law is broken,
there is a punishment or a sanction. This could be a fine, imprisonment,
or other forms of penalty.
d. General Application. Imperative laws are usually general in nature.
They apply to everyone under the jurisdiction of the authority that
enacted them, regardless of individual consent.
e. Enforcement. These laws are formally created through legislative
processes or official declarations and are enforced by designated bodies
like the police, courts, or other legal entities.

5. EXAMPLE OF IMPERATIVE LAW. Consider tax laws. A government

imposes tax laws, requiring all eligible citizens to pay a certain amount of their income
or for certain goods and services. If someone fails to pay taxes, they face legal
consequences, which might include fines or legal action. This demonstrates the
imperative nature of the law - it's a command from an authority, with an obligation to
comply and a penalty for non-compliance.
6. PHYSICAL OR SCIENTIFIC LAW. These are not laws in the legal sense but
rather natural laws that describe how the physical world works. They are the rules that
scientists discover about nature and the universe. Unlike laws made by governments,
these laws don't tell people what they should or shouldn't do, and there's no punishment
for not following them. Instead, they explain how things naturally occur or behave in
the environment.
7. EXAMPLE OF PHYSICAL OR SCIENTIFIC LAW. For example, think about
the law of gravity. It's a scientific law that explains how gravity works - anything that
goes up must come down. This isn't a rule made by people; it's just how nature operates.
If you throw a ball into the air, the law of gravity ensures that it will come back down.
You don't have to do anything for this to happen; it's just a natural process that occurs
because of the physical law of gravity.
8. SUMMARY OF PHYSICAL OR SCIENTIFIC LAW. So, in simple terms,
physical or scientific laws are the natural principles that govern the physical universe,
discovered and explained by scientists, and are not related to legal rules or societal
regulations.
9. PRACTICAL OR TECHNICAL LAW. This refers to rules or guidelines that are
not legal laws but are more about practical methods or techniques in specific areas.
These are the kind of rules you find in professions or crafts, and they tell you the best
way to do something based on experience and knowledge. They're not enforced by the
government and don't have legal penalties, but they are important for success and
efficiency in various fields.
10. EXAMPLE OF PRACTICAL OR TECHNICAL LAW. For example,
consider the rules in medicine for diagnosing and treating an illness. These aren't legal
laws; they're guidelines that doctors follow based on medical knowledge and research.
If a doctor is treating a patient with a certain disease, they follow these technical laws
or best practices to provide the best care. These rules are based on what has been proven
to work well in medicine.
11. SUMMARY OF PRACTICAL OR TECHNICAL LAW. In summary,
practical or technical law is about the best ways to do things in specific fields, based on
expertise and experience. They guide professionals in their work but are different from
legal laws because they aren't about what you must or mustn't do in society, and there's
no legal punishment for not following them.
12. NATURAL OR MORAL LAWS. This type of law is based on moral principles and
ethics, rather than on formal, written laws created by governments. It's about what is
inherently right or wrong according to human nature and conscience. Salmond believed
that these laws are universal, meaning they apply to everyone, everywhere, regardless
of their culture or legal system.
13. CHARACTERISTICS OF NATURAL OR MORAL LAW:
a. Universality. Natural law is considered to be universal, applying to all human
beings regardless of where they live or their legal systems. It's thought to be a
set of moral principles that everyone, inherently, can understand and agree
upon.
b. Innate Sense of Justice. This law is based on the idea that people have an
inherent sense of right and wrong. For example, most people around the world
believe that murder, theft, and lying are wrong, regardless of the specific laws
in their country.
c. Foundation for Legal Laws. Many legal laws are actually based on
principles of natural law. For instance, laws against murder in many societies
are based on the moral principle that killing another person is inherently wrong.
d. Ethical Guidelines. Natural law acts as a guide for ethical behavior. It
encourages people to act in morally correct ways, even if there is no specific
legal rule about a situation.
14. EXAMPLE OF NATURAL OR MORAL LAW. Consider the concept of "all
humans are equal." This is a principle of natural law that implies all human beings,
regardless of race, gender, or background, deserve equal respect and treatment. This
principle is not always written into the laws of every country, but many people believe
it to be a fundamental moral truth. It influences how people think and behave toward
one another and has also guided many legal systems to adopt laws that promote equality
and non-discrimination.
15. SUMMARY OF NATURAL OR MORAL LAW. In summary, natural or
moral law, according to Salmond, is a set of inherent moral principles understood by
human beings through their nature and reason. It's about universal concepts of right and
wrong that guide human behavior and often form the ethical foundation for the legal
laws enacted in societies.
16. CONVENTIONAL LAW. This type of law consists of rules that are established by
agreement between parties. Unlike laws passed by governments, conventional laws are
based on mutual consent and are often seen in contracts, private agreements, and
organizational rules.
17. KEY ASPECTS OF CONVENTIONAL LAW.
a. Based on Agreement. Conventional law arises from agreements made
between individuals or groups. These agreements are voluntary and are often
formalized in written contracts.
b. Binding Nature. Once agreed upon, these rules become binding on the
parties involved. This means that each party is legally obligated to follow the
terms they have agreed to.
c. Enforcement. If someone breaks a rule of conventional law, the
enforcement is usually outlined in the agreement itself. This might involve
paying damages, performing certain obligations, or other remedies. While
conventional law is not enforced by the state like criminal or civil laws, courts
often uphold these agreements if disputes arise and they are brought to legal
attention.
d. Scope and Variety. Conventional law can cover a wide range of topics and
can be found in various aspects of life. It includes employment contracts, lease
agreements, business partnerships, and even informal agreements like rules in a
club or a homeowners' association.
18. EXAMPLE OF CONVENTIONAL LAW. Consider a lease agreement for
renting an apartment. The lease agreement is a conventional law between the landlord
and the tenant. It includes rules about paying rent, maintaining the property, rules about
pets, noise levels, and other conditions of living there. Both the landlord and the tenant
agree to these terms and sign the contract. If the tenant fails to pay rent on time, the
lease agreement (conventional law) dictates what happens next – maybe a late fee, or
in severe cases, eviction proceedings. These consequences are not imposed by the
government but are part of the agreed-upon terms in the lease. Similarly, if the landlord
fails to maintain the property as agreed, the tenant may have legal recourse based on
the terms of the lease.
19. SUMMARY OF CONVENTIONAL LAW. In summary, conventional law is
all about the rules and agreements that people enter into voluntarily. These laws are
binding because of mutual consent and are enforceable through the terms of the
agreement itself, with the potential for legal intervention if disputes arise and are
brought to court.
20. CUSTOMARY LAW. This type of law is based on customs or traditions that
have been followed by a group of people over a long time. These aren't written laws
passed by a government, but rather rules that have become an accepted way of doing
things in a community or society. They are followed because they have been established
by long-standing habits and social expectations, not because they are written in law
books.
21. KEY FEATURES OF CUSTOMARY LAW:
a. Tradition. Customary law arises naturally and informally from the habits
and traditions of people. It's the way things have always been done in a certain
place or community.
b. Community Acceptance. These rules are accepted and followed by the
community because they are seen as a valid and essential part of their cultural
or social practices.
c. Unwritten Nature. Unlike formal laws, customary laws are not usually
written down. They are passed down through generations, often orally.
d. Enforcement. While not enforced by the government, breaking
customary laws can lead to social consequences like disapproval, ostracism, or
other community-imposed sanctions.
22. EXAMPLE OF CUSTOMARY LAW. A common example of customary law can
be found in indigenous communities. For instance, in many Native American tribes,
there are customary laws about land use and management. These customs dictate how
land should be used, who can use it, and how resources should be managed and shared.
These rules have been passed down through generations and are respected and followed
by the community members.
23. SUMMARY OF CUSTOMARY LAW. In summary, customary law is about the
traditions and practices that have been established in a community over time. These
laws are followed not because they are written by a government, but because they are
deeply ingrained in the social and cultural fabric of the community. They play a crucial
role in governing everyday life and maintaining order within these communities.
24. INTERNATIONAL LAW. This refers to a set of rules, agreements, and
treaties that are recognized as binding between countries. Unlike laws that operate
within a single country, international law governs the relations and interactions between
different nations. It's not made by a single government, but by mutual agreement
between countries or through international organizations.
25. KEY ASPECTS OF INTERNATIONAL LAW
a. Treaties and Agreements. Countries create international law by forming
treaties and agreements with each other. These documents lay out the rules that
the participating countries agree to follow in their interactions.
b. Customs and Practices. Some international laws are based on
longstanding customs and practices that nations have universally recognized
and followed.
c. Enforcement. Enforcing international law can be challenging since
there is no global government to oversee it. Instead, compliance often depends
on diplomatic and economic pressures, or the rulings of international courts like
the International Court of Justice.
d. Wide Range of Issues. International law covers a wide range of issues
including human rights, trade, war, the environment, and the sea.
26. EXAMPLE OF INTERNATIONAL LAW. A clear example of international
law is the Geneva Conventions. These are a series of treaties agreed upon by countries
around the world, setting out the rules for how to treat people during times of war. They
include rules against harming prisoners of war, the wounded, and civilians, and set
standards for their treatment. The Geneva Conventions are a key part of international
humanitarian law and are followed by most countries.
27. SUMMARY OF INTERNATIONAL LAW. In summary, international law
consists of rules and agreements that govern the interactions between nations. It's
created through treaties, customs, and global consensus, and covers a broad spectrum
of international relations and issues. While enforcement can be complex, these laws are
crucial for maintaining international order and cooperation.
28. CIVIL LAW. This type of law deals with the rights and relationships between
individuals and organizations. It’s different from criminal law, which is about crimes
against the state or society. Civil law includes things like contracts, property, family
matters, and personal injuries. It's about resolving disputes and providing compensation
or other remedies to the wronged party.
29. KEY ASPECTS OF CIVIL LAW
a. Disputes Between Parties. Civil law covers cases where one party believes
their rights have been infringed by another party. This could be between
individuals, organizations, or between individuals and organizations.
 b. Remedies and Compensation. The main goal in civil law is to resolve
disputes and provide remedies. This often involves one party paying
compensation to the other or fulfilling contractual obligations.
c. No Criminal Penalties. In civil law cases, the defendant, if found
responsible, doesn't face imprisonment or criminal fines. Instead, they may be
required to pay damages or comply with a court order.
d. Burden of Proof. The standard for proving a case in civil law is usually 'on
the balance of probabilities,' which is lower than the 'beyond a reasonable doubt'
standard in criminal law.
30. EXAMPLE OF CIVIL LAW. A classic example of civil law in action is a case
of breach of contract. Imagine you hire a company to renovate your kitchen, and you
sign a contract for the work. However, the company doesn't complete the job as agreed
in the contract. You could take legal action under civil law, claiming they breached the
contract. If you win the case, the court might order the company to either finish the job
or pay you compensation for the breach.
31. SUMMARY OF CIVIL LAW. In summary, civil law is about the legal
relationships and disputes between individuals or organizations. It focuses on resolving
these disputes and providing appropriate remedies, usually in the form of compensation
or specific actions, rather than criminal punishments.
32. CRIMINAL LAW. This type of law deals with actions that are considered offenses
against society or the state. It sets out what behaviors are considered crimes and outlines
the punishments for them. The main purpose of criminal law is to maintain public order
and safety, and to deter and punish wrongful conduct.
33. KEY ASPECTS OF CRIMINAL LAW.
a. Offenses Against Society. In criminal law, a crime is seen as an act against
society as a whole, not just against the individual victim. This is why crimes are
usually prosecuted by the state or government, not by the victims themselves.
b. Punishment. The focus of criminal law is on punishing the offender. This can
include imprisonment, fines, community service, probation, or other forms of
punishment.
c. Standard of Proof. The standard for proving guilt in criminal law is very
high - 'beyond a reasonable doubt.' This means the evidence must be so strong
that there is no reasonable doubt about the accused's guilt.
 d. Public Prosecution. Criminal cases are usually brought by the state or public
prosecutors, not by private individuals.
34. EXAMPLE OF CRIMINAL LAW. An example of criminal law in action is a
case of theft. If someone steals a car, this is considered a crime because it's an act of
taking someone else’s property without permission. The government (through the
police and public prosecutor) will prosecute the person who committed the theft. If
found guilty, the court might sentence them to jail, a fine, or other penalties. The key
here is that the act of theft is considered an offense against society, not just against the
individual who owned the car.
35. SUMMARY OF CRIMINAL LAW. In summary, criminal law is about rules
that define certain actions as offenses against society and provide punishments for those
who commit these crimes. Its primary goals are to deter wrongful behavior, punish
offenders, and uphold public order and safety.