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English Jurisprudence

Submitted to:
MR. HAROON KHALID

Submitted by:
MUHAMMAD TALHA MAQBOOL
ULAWF22R180

College of LAW

University of Sargodha
KINDS OF LAW

KINDS OF LAW :

Given below is a classification of law by Mac Iver. The Meaning of the above
types of law is as follows.

1. Natural law :

Natural Law is often thought to be as divine law. It is not written anywhere; it is


found in the minds of men. It is abstract and not created by any human agency or
authority. Natural law has its sanction in respect for or fear of some super power.

2. Positive Law :

Positive law is called as political law. It is created by human agency. It is written


in nature. It is concrete and can be understood as it is sovereign power of the state. It is
determinate and its violation leads to punishment.

3. National Law :

A law formulated by the sovereign authority and applicable to the people living
within its territorial jurisdiction is called national law. It determines the private and
public relations of the people living in a state

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4. International Law :

International law regulates the conduct and relations of various status in the
world. It differs from national law both in the method of creation and enforcement.

The term ' International Law' was coined by Jeremy Bentham in 1780, to
designate what had been called as the 'law of nations.'

Wheaton defines international law as 'the body of rules which by custom or treaty
civilized states regard as binding upon themselves in their relations with one another,
and whose violation gives the injured party a legal right to stress.'

It is generally accepted that, international law is merely a positive morality.


Natural law or positive morality is that, the conventional law arising by the voluntary
agreement among states.

The only means by which these rules can be enforced are self - help and
intervention on the part of other states, which sympathises with the wronged one.

These may not always be effective for the vindication of international law, but it
is the task of statesmanship to enlist might on the side of right and thus achieves the
triumph of international justice.

5. Constitutional Law :

It is the basic law according to which the activities of the government in a state
are conducted. It defines and explains the structure of government and the relationships
between the various organs of the government
.

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6. Ordinary Law :

The law according to which the people in a state, are governed is called ordinary
law. It includes all the municipal laws excluding the constitutional law.

It is enacted by the legislature. It is subordinate to the constitutional law.

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7. Public Law :

Public law deals with relations between the individuals and the state. It covers all
forms of crime. In cases involving public law, the state is a party to the case.

8. Private Law :

It deals with the relations between one individual and another. It covers matters
such as libel, slander, property, marriage, inheritance etc

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