INTRODUCTION

THE TERM LAW MEANS AND INCLUDES DIFFERENT

THINGS IN DIFFERENT SOCIETES. THE
CORRESPONDING WORD FOR THE TERM ‘LAW’ IN
HINDU SYSTEM IS ‘DHARAMA’, IN ISLAMIC SYSTEM IT
IS ‘HUKUM’ , IN ROMAN IT IS ‘JUS’ , IN FRENCH IT IS
‘DROIT’ AND IN GERMAN IT IS ‘ RICHT’.
THERE ARE DIFFERENT MEANING OF THE WORD
LAW GIVEN BY DEFFERNT AUTHERS AND THESE ARE
AS FOLLOWS
1 LAW MEANS JUSTICE, MORALITY, REASON, ORDER,
RIGHTEOUSNESS ETC. FROM THE POINT OF VIEW OF
THE SOCIETY.
2 LAW MEANS STATUTES, ACTS, RULES,
REGULATIONS, ORDERS, ORDINANSE, ETC FROM THE
POINT OF VIEW OF LEGIGLATURE.
3 LAW MEANS RULES OF COURTS, DECREES,
JUDGMENTS, ORDERS OF COURTS, INJUNCTIONS ETC
FROM YHE POINT OF VIEW OF JUDGES.
4 LAW MEANS RIGHTS AND REMEDIES FROM THE
POINT OF VIEW OF THE DECREE HOLDERS.
5 LAW MEANS TITLES WRITTEN LAWS, JUDICIAL
PRECIDENTS, CUSTOMS AS EVIDENCE OF LAW
GENERLY TERM LAW IS USED TO MEAN THREE
THINGS
FIRST IT IS USED TO MEAN ‘LEGAL ORDER’. IT
REPRESENT THE REGIME OF ADJUSTING RELATIONS,
AND ORDERING CONDUCT BY THE SYSTEMATIC
APPLICATIONS OF THE FORCE OF ORGANISED
POLITICAL SOCIETY
SECONDLY, LAW MEANS THE WHOLE BODY OF
LEGAL PRECEPTS WHICH EXISTS IN POLITICALLY
ORGANISED SOCIETY.
THIRDLY, LAW IS USED TO MEAN ALL OFFICIAL
CANTROL IN A POLITICALY ORGANISED SOCIETY.
THIS LEAD TO THE ACTUAL ADMINISTRATION OF
JUSTICE AS CONTRASTED WITH THE AUTHORITATIVE
MATERIAL FOR THE GUIDENCE OF JUDICIAL ACTION.

1 GENERAL LAW
THE ENTIRE BODY OF LAW CONSISTS OF GENERAL
AND SPECIFIC LAW. GENERAL LAW MAY BE
DISCRIBED AS THAT PART OF LAW , WHICH IS
APPLIED TO ALL PERSONS WITHOUT ANY
DISCRIMINATION AND WHICH IS NOT LIMITED IN ITS
APPLICATION TO A PERTICULAR LOCALITY, BUT TO
WHOLE OF TERRITORY IN THE COUNTRY. GENERAL
LAW IS DIVIDED INTO THREE CLASSES
A STATUTE LAW
B EQUITY
C COMMON LAW

2 SPECIAL LAW
THE SPECIAL LAW CONSISTS OF CERTAIN
OTHER BODIES OF LEGEL RULES WHICH
APPLY ONLY UNDER SPECIAL CONDITION
ACCORDING TO
SALMONDS GENERAL LAW IS
DISTINGUISHABLE FROM SPECIAL LAW OF
LAND BY JUDICIAL NOTICE. THEY ARE
ALSO OF FOUR TYPES
A LOCAL LAW
B FOREIGN LAW
C MARTIAL LAW
D CONVENTIONAL LAW

NATIONAL LAW OR
MUNICIPAL LAW
IT IS ALSO CALLED CIVIL LAW. NATIONAL LAW OR
CIVIL LAW IS LAW OF THE LAND ENFORCED BY ITS
COURTS. THE ROMANS CALLED IT THE JUS CIVILE,
THE CORPUS JURIS CIVILIS. IT IS LAW OF CIVITAS,
THAT IS THE STATE.IT IS SOMETIMES CALLED THE
MUNICIPIUMOR THE MUNICIPAL LAW.IT IS THE
STRICTEST AND NARROWEST LAW.
DIVISION OF NATIONAL LAW OR MUNICIPAL LAW=
THE CIVIL LAW OR THE NATIONAL LAW IS DIVIDED
INTO TWO CLASSES
1 PUBLIC LAW
2 PRIVATE LAW

1 PUBLIC LAW=
PUBLIC LAW IS THAT PART OF CIVIL LAW OR
NATIONAL LAW THAT DEALSCONSTITUTION AND
WORKING OF STATE, THE FUNCTIONING OF ITS
VARIOUS DEPARTMENTS, THE RELATION BETWEEN
THE STATE AND ITS CITIZENS (INCLUDING THE
RIGHTS, DUTIES, AND LIABLITIES OF THE STATE AND
IOTS CITIZENS). THE STATE ACTIVITIES ARE
REGULATED BY PUBLIC LAW. IT ALSO DETERMINS
THE RELATION OF STATE AND ITS SUBJECTS.PUBLIC
LAW MAY BE CLASSIFIED INTO THREE CLASSES,
A CONSTITUTIONAL LAW
B ADMINISTRATIVE LAW
C CRIMINAL LAW
A CONSTITUTIONAL LAW=
HIBBERT DIFINES CONSTITUTIONAL LAW AS “THE
BODY OF RULES GOVERNING THE RELATION
BETWEEN THE SOVERIGN AND HIS SUBJECTS AND
THE DIFFERENT PARTS OF THE SOVERIGN BODY”
ACCORDING TO DICEY
“CONSTITUIONAL LAW INCLUDES ALL THE RULES
WHICH DIRECTLY OR INDIRECTLY AFFECT THE
DISTRIBUTION OR EXERCISE OF THE SOVEREIGN
POWERS OF THE STATE.HENCE IT INCLUDES THE ALL
RULES DEFINES THE MEMBERS OF THE SOVEREIGN
POWERS.
CONSTITUTIONAL LAW IS THE LAW
THAT PROVIDES FOR THE WORKING OF THE
CONSTITUTION OF THE COUNTRY, THE LAW THAT
SAYS HOW THE EXECUTIVE, THE LEGISLATUREAND
THEJUDICIARY ARE TO FUCTION THE LAW THAT
DETERMINS THE STRUCTURE OF THE STATE, THE
ALLOCATION OF POWERS, THE LAW THAT
DETERMINS THE RIGHT AND LIBERTIES.
 CONSTITUTIONAL LA WIS SUPERIOR TO THE
ORDINARY LAW OF LAND.THE CONSTITUTIONAL LAW
IS THE BASIC OR FUNDAMENTAL LAW OF STATE.

B ADMINISTRATIVE LAW=
ADMINSTRATIVE LAW IS THE LAW AND RULES
CONSERNING THE ADMINSTRATION OF EXECUTIVE
DEPARTMENT OF STATE. ADMINISTRATIVE LAW
DEALS WITH THE STRUCTURE, POWERS AND
FUNCTION OF THE ORGANS OF ADMINISTRATION;
THE LIMITS OF THEIR POWERS; THE METHODS AND
PROCEDURES FOLOWED BY THEM IN EXERCISING
THEIR POWER AND FUNCTION.
THE TERM “ADMINISTRATIVE
LAW” IS TECHNICALY KNOWN AS “DROLIT
ADMINISTRATIF” MEANING ADMINSTRATIVE LAW AS
PREVALENT IN FRANCE

C CRIMINAL LAW=
CRIMINAL LAW IS DEFINED A STHE BODY OF SPECIFIC
AND DEFINITE RULES REGARDING HUMAN CONDUCT
AND BEHAVIOUR WHICH HAVE BEEN PROMULGATED
BY POLITICAL AUTHORITY, WHICH APPLY
UNIFORMLY TO ALL MEMBERS OF ALL CLASSES OF
PEOPLE WHICH THE RULES REFER AND ARE
ENFORCED BY PUNISHMENT ADMINSTRATIVE BY THE
STATE

CHARACTRISTIC OF CRIMINAL LAW=

1 POLITICALITY= IT IS THE NICESSARY ELEMENT IN
THE CRIMINAL LAW. THE RULES MADE BY THE STATE
ONLY CAN BE SAID TO BE THE CRIMINAL LAW
BECAUSE VOILATION OF SUCH RULES ARE CRIMES.
2 SPECIFICITY= CRIMINAL LAW GENERALY GIVES A
STRICT DEFINATION OF A SPECIFIC ACTS. NO DOUBT
CERTAIN LAWS ARE GENERAL ALSOSUCH AS
NUISANCE ETC.
3 UNIFORMITY= THE CRIMINAL LAW PROVIDES
EVEN-HANDED JUSTICE WITHOUT ANY BIAS OR
FAVOUR TO ANY PERSONS
4 PENEL SANCTION=THIS ELEMENT OF THE
CRIMINAL LAW REFERS TO THE NOTION THAT THE
VOILATERS OF RULES SHALL BE PUNISHED BY STATE.

2 PRIVATE LAW=
PRIVATE LAW IS CONCERNED WITH THE MATTERS
CONCERNING THE INDIVIDUALS MORE THAN PUBLIC.
IT REGULATES AND GOVERNS THE RELATION WITH
EACH OTHER. THE PARTIES IN SUCH CASES ARE
PRIVATE INDIVIDUALS AND THE ATSTE ADJUDICATES
THE MATTERS IN DISPUTE BETWEEN INDIVIDUALS
THROUGH ITS JUDICIAL ORGANS. HERE THE STATE
ACTS AS AN ARBITATER. THE STATE DOES NOT
REGULATE ALL THE CONDUCT AND RELATION OF
THE CITIZENS. IN THE CLASSIFICATION OF PRIVATE
LAW THERE IS GREAT DIFFICULTY THERE ARE
DIFFERENT PARTS OF LAW
(A) THE LAW OF PERSONS
(B) THE LAW OF PROPERTY
(C) THE CONFLICTS OF LAW

(A) THE LAW OF PROPERTY=

THE LAW OF PROPERTY DEALS WITH WHAT ARE
KNOWN AS PROPRIETARY RIGHTS IN REM THAT IS
RIGHTS NOT OF PERSONOL CHARACTER BUT RIGHTS
AGAINST THE WHOLE WORLD AS SUCH.
THE LAW OF PROPERTY CAN BE CLASSIFIED INTO:
(A) THE LAW RELATING TO PROPRIETARY RIGHTS IN
RE PROPRIA WHICH DEALS WITH PROPRIATRY RIGHT
IN ONES OWN PROPERTY
(B) THE LAW OF PROPERTY RIGHTS IN RE ALIENA
WHICH DEALS WITH PROPRIERTY RIGHTS IN
PROPERTY BELONGING TO OTHERS

THE LAW OF OBLIGATIONS=

THE LAW OF OBLIGATIONS IS THE LAW DEALING
WITH CONTRACTUALS, QUASI-CONTRACTUALS,
DELICTAL AND INNOMINATE OBLIGATION. IT DEALS
WITH RIGHTS IN PERSONAM WHICH IS LEGAL TERM
CREATED BY ARISING OUT OF CONTRACTS.
INTERNATIONAL LAW
(THE LAW OF NATIONS)
INTERNATIONAL LAW IS SET OF RULES GENERALY
REGARDED AND ACCEPTED AS BINDING IN RELATION
BETWEEN STATES AND NATIONS. IT SERVES AS
FRAMEWORK PRACTICE OF STABLE AND ORGANISED
INTERNATIONAL RELATION. INTERNATIONAL LAW
DEFFERS FROM STATE-BASED LEGAL SYSTEM IN
THAT IT IS PRIMARILY APPLICABLE TO COUNTRIES
RATHER THAN TO PRIVATE CITIZENS. NATIONAL LAW
MAY BECOME INTERNATIONAL WHEN TREATIES
DELEGATE NATIONAL JURISDICTION.
THE TERM INTERNATIONAL LAW WAS COINED
BY “JERMY BANTHAM” IN 1780. IT IS ALSO CALLED
THE LAW OF NATIONS. SINSE STATE ARE SOVEREIGN
AND ARE NOT SUBORDINATE TO ANY OTHER
AUTHORITY, THE LAW REGULATING THEIR RELATION
IS ONLY INTERNATIONAL LAW.
HISTORY=
SIR ALBERICO GENTILLIS IS REGARDE AS THE
FATHER OF INTERNATIONAL LAW. THE CURRENT
OEDER OF INTERNATIONAL LAW, THE EQUILITY
SOVEREIGNTY BETWEEN NATION WAS FORMED
THROUGH THE CANCLUSION OF THE “PEACE OF
WESTPHELIA” IN 1648.
THE 17TH, 18TH AND 19TH
CENTURIES SAW THE GROWTH FO THE CONCEPT OF
THE SOVEREIGN “NATION STATE” WHICH CONSISTED
OF A NATION CONTROLLED BY A CENTRALISED
SYSTEM OF GOVERNMENT.

(i)INTERNATIONAL LAW AS POSITIVE

MORALITY=
JOHN AUSTINE, WILLOUGHHBY AND HOLLAND
REGARD INTERNATIONAL LAW AS POSITIVE
MOREALITY OR AS THE MORAL CODE OF NATIONAS
AND DO NOT CONCEDE THAT IT IS LAW PROPERLY
CALLED.
ACCORDING TO AUSTINE, “THE LAW
OBTAINING BETWEEN NATIONS IS NOT A POSITIVE
LAW FOR EVERY POSITIVE LAW IS SET BY A GIVEN
SOVEREIGN TO A PERSON OR PERSONS IN STATE OF
SUBJECTION TO ITS AUTHORITY”. AUSTINE DEFINES
POSITIVE LAW AS A BODY RULES FOR HUMAN
CONDUCT SET AND ENFORCED BY A SOVEREIGN
POLITICAL AUTHORITY.
HOLLAND STATES THAT IT IS
THE BODY OF RULES , USALLY DESCRIBED AS
INTERNATIONAL LAW , WHICH REGULATES THE
RIGHTES WHICH PREVAIL BETWEEN STATE AND
STATE ACCORDING TO HOLLAND, ‘INTERNATIONAL
LAW’ CAN BE DESCRIBED AS THE LAW ONLY BY
COURTESY, SINSE RIGHTS WITH WHICH IT IS
CONCERNED CANNOT PROPERLY BE DESCRIBED AS
LEGAL.

(ii)INTERNATIONAL LAW AS LAW STRICTU

SENSU=
BOTH WHEATON AND OPPENHEIN HAVE REGARDED
INTERNATIONAL LAW AS STRICTU SENCU THAT IS IN
STRICT SENSE.
ACCORDING TO WHEATON, “INTERNATIOANL
LAW MAY BE DEFINED AS CONSISTING OF THOSE
RULES OF CONDUCT WHICH REASON DEDUCES, AS
CONSTANT TO JUSTICE, FROM THE NATURE OF THE
SOCIETY EXISTING AMONG THE INDEPENDENT
NATIONS.
 OPPENHEIM DEFINES
INTERNATIONAL LAW AS “A BODY OF RULES FOR
HUMAN CONDUCT WITHIN A COMMUNITY WHICH BY
COMMAN CONSENT OF THIS COMMUNITY SHALL BE
ENFORCED BY EXTERNAL POWER”. THIS DEFINATION
POSTULATES THREE CONDITION AS ESSENTIAL FOR
EXISTANCE OF LAW
1 COMMUNITY
2 A BODY OF RULES FOR HUMAN CONDUCT
3 THE COMMAN CONSENT OF COMMUNITY FOR
ENFORCEMENT OF

(iii)INTERNATIONAL LAW AS
CONVENTIONAL LAW=
ACCORDING TO SALMOND THAT BRANCHE OF
INTERNATIONAL LAW WHICH IS KNOWN AS PRIZE
LAW MAY BE REGARDED AS LAW SRTICTU SENSU AS
IT IS ADMINSTERED BY THE COURTS OF THE LAND IN
THE ADMINSTRATION OF JUSTICE. THE REST OF
INTERNATIONAL LAW DOES NOT SATISFY THE TEST
OF CIVIL LAW. SALMOND PROPOUND THE VIEW THAT
INTERNATIONAL LAW IS A SPESIAL KIND OF LAW,
WHICH MAY BE CALLED AS CONVENTIONAL LAW.
CONVENTIONAL LAW HAS ITS SOURCE IN AND
DERIVES ITS BINDING EFFICACY FROM AGREEMENT.
 SALMONDS REJECTS THE VIEW
THAT INTERNATIONAL LAW IS TO BE CONSIDERD AS
CUSTOMARY LAW CONSISTING ESSENTIALY AND
EXCLUSIVLY OF THE RULES ACTUALY OBSERVES BY
SOVEREIGN STATES IN THEIR DEALINGS WITH ONE
ANOTHER. INTERNATIONAL CUSTOMS, HE RIGHTLY
POINTS OUT, IS NOT IN ITSELF INTERNATIONAL LAW.
INTERNATIONAL LAW IS BROUDLY
CLASSIFIED INTO TWO PARTS
A PUBLIC INTERNATIONAL LAW
B PRIVATE INTERNATIONAL LAW

(A)PUBLIC INTERNATIONAL LAW =

PUBLIC INTERNATIONAL LAW IS THAT BODY OF
RULES WHICH GOVERNS THE CONDUCT AND
RELATIONS OF STATES WITH OTHER. REALY
SPEAKING, THE TERM ‘INTERNATIONAL LAW’ IS USED
FOR THIS CLASS OF LAW. IT INCLUDES
INTERNATIONAL STATUS, AND DEALS WITH
QUESTION RELATING TO PEACE, WAR AND
NEUTRILITY.

(B)PRIVATE INTERNATIONAL LAW=

PRIVATE INTERNATIONAL LAW IS THE SYSTEM OF
LAW, IN A COUNTRY, GOVERNING THE RELATIONS OF
THE CITIZENS OF THAT COUNTRY, IN
INTERNATIONAL MATTERS, MATTERS AFFECTING
FOREIGN CONTRACTS, FOREIGN TRANSACTIONS,
DEALINGS WITH ALIEANS IN TIMES OF PEACE AND
WAR. PRIVATE INTERNATIONAL LAW IS SPECIAL
LAW, OR FORMES SPECIAL PROVISIONS, AFFECTING
THE INTERNATIONAL DEALINGS.
IT APPLIES TO THE
INDIVUDUALS NOT TO THE STATES. THE RULES AND
PRINCIPLE OF PRIVATE INTERNATIONAL VARY FROM
STATE TO STATE AND THUS LACK UNIFORMITY. THE
SANCTION BEHIND THESE RULES EMANATES FROM
THE STATE IN WHICH THEY ARE ENFORCED. PRIVATE
INTERNATIONAL LAW OR THE CONFLICTS OF LAWS
DEALS PRIMARILY WITH PRIVAYE RIGHTS, DUTIES
AND LIABLITIES.

INTERNATIONAL ECONOMIC
LAW=
RESENTLY A CLASS OF INTERNATIONAL LAW CAME
INTO EXISTANCE AS ‘INTERNATIONAL ECONOMIC
LAW’. INTERNATIONAL ECONOMIC LAW IS DEFINED
AS A SCIENCE WHICH DEALS WITH THAT BODY OF
CUSTOMS, RULES, PRINCIPLES, TREATIES, CHARTERS,
CODIFICATIONS, DECLARATIONS, UNDERSTANSINGS,
AGREEMENTS, PROTOCOLS ETC. WHICH ARE BINDING
UPON THE MEMBERS OF INTERNATIONAL
COMMUNITY SUCH AS SOVEREIGN STATES.
BIBLIOGRAPHY
1 OWN NOTES
2 WIKIPIDIA FREE ENCYCLOPIDIA
3 DR. S.R. MYNENI (2ND EDITION)
 FACULTY OF
LAW
PROJECT WORK

SESSION 2017-18
 TOPIC- CLASSIFICATION OF
LAWS
SUBMITTED TO-
SUBMITTEB BY-
ANWAR KHAN SIR DILIP
KUMAR JANI

ACKNOWLEDGEME
NT
KHAN SIR WHO GAVE ME THIS
GOLDEN OPPORTUNITY TO DO
THIS WONDERFULL PROJECT ON
CLASSIFICATION OF LAWS, WHICH
ALSO HELPED ME IN DOING
REASEARCH WORK AND I CAME
TO KNOE ABOUT SO MANY NEW
THINGS I M REALY THANKFULL
TO THEM. SECONDLY I WOULD
ALSO LIKE TO THANKS TO MY
PARENTS AND FRIENDS WHO
HELPED ME A LOT IN FINALIZING
THIS I WOULD LIKE TO EXPRESS
MY SPECIAL THANKS OF MY
GRATITUDE TO MY TEACHER
MR.ANWAR PROJECT WITHIN THE
LIMITED TIME PERIOD.
 Certificate
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THE STUDENT IN THE ACADEMIC YEAR 20_/20_

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