As per Prof.

Salmond, law can be divided into another eight kinds which

are as follows:

 Imperative law
 Physical or scientific law
 Natural or moral law
 Conventional law
 Customary law
 Practical or technical law
 International law
 Civil law.

 Imperative Law

The essence of imperative law is that law means something (rule,

principle, precept etc.) with a commanding nature, imposed by a superior
to an inferior and backed by punishment. Simply speaking, the law means
a command of a sovereign and is enforced or secured by sanction. Thus,
according to this theory, the definition of law consists of three important
parts: command, sovereign, and sanction.

Professor John Austin defines positive law as a type of command laid

down by a political sovereign and enforceable by a sanction. A typical
example of imperative law would be the Penal Code 1860, which could
be described as a command laid down by the sovereign under the
Bangladesh legal system, i.e., the Parliament, and enforceable by
penalties for violation. According to imperative theory, the very nature of
law is to be imperative, and any precept that is not so must not be treated
as law.

However, Professor Salmond mentions two essential characteristics of

imperative law. The first characteristic is that the command of the
sovereign must be in the form of a general rule, not a particular command
addressed to a particular individual and not to others. In other words, law
must be general, or it is not law at all. The second characteristic is that
law should be enforced by some authority, meaning the observance of law
must not depend upon the pleasure of the people. Law has to be enforced
by the machinery of the State.

 Physical, Scientific, or Law of Nature

The term “physical laws or laws of nature” denotes the expression of

uniformity, regularity, or continuity of nature – general principles
expressing the observable harmony in the activities and operations of the
universe. It may also be called the law of nature. Uniformity, continuity,
regularity, and consistency are the basic features of this kind of law. The
physical laws cannot be both created and changed by humans. Man-made
laws, however, may be changed from time to time and varied in country
to country. The laws of tides, gravity, light, heat, sound, magnetic force,
air pressure, and chemical combination are examples of physical or
scientific laws or laws of nature.

 Natural or Moral Law

Natural law is a pre-existing set of universal moral principles inherent in

the universe, independent of human creation or religious dogma. These
principles are discoverable through reason and serve as a basis for judging
the legitimacy of human laws and actions. Natural law refers to a system
of right or justice that is considered common to all humans and derived
from nature itself, rather than being based on societal rules (positive law).

It contains principles related to human morals, rights, and values.

Philosophers have debated its meaning over time. For example, Aristotle
believed in a natural justice that was valid everywhere, distinct from
positive law. St. Thomas Aquinas systematised natural law, emphasising
reason and participation in eternal divine law. Natural law is innate and
intrinsic to human nature but exists independently of human thinking. It
can be discerned through reason. In essence, natural law is distinct from
positive law ( man-made laws) and is not subject to change by humans.
 Central Tenets

 Applies to all humans regardless of location or time.

 Exists independently of human opinion, thinking or
preference.
 Cannot be changed by humans, unlike human-made laws.
 Discoverable through reason and reflection on human nature.

Legal Perspective

Natural law in jurisprudence often refers to principles derived from

nature that can inform legal systems. These principles may be based
on universal values like justice, equality, and fairness, or natural
rights inherent to humans. Moreover, early justifications for human
rights and arguments against slavery are two examples of natural
law. While not legally binding in most modern legal systems, natural
law principles can be used to interpret existing laws and argue for
legal reforms. This definition does not capture all nuances of natural
law, and different thinkers have varying views within each
perspective. Further research into specific philosophers, legal
theories, and historical contexts is necessary for a deeper
understanding.

 Conventional Law

Conventional law refers to rules established through agreements,

contracts, or treaties between parties, including international law, industry
regulations, internal rules of organisations, rules and regulations within a
club, professional association, or specific sports rules. It is created with
the consent of the parties involved and aligns with the general law of the
land. It is important to note that not all agreements with legal force fall
under this category, such as individual contracts. While some law
originates from parliamentary acts, conventional law depends on
agreements between individuals or groups. However, it does not always
replace broader legal systems; instead, they often exist and function
alongside each other.

 Customary law

The branch of law that emerged and developed on customs and obtained
obligatory rules of human conduct. This phenomenon includes practices
and beliefs which are so vital and intrinsic parts of a social and economic
system that they are treated as if they were laws.

According to Salmond, customary law refers to any rule of action which

is observed by men- any rule means and includes the expression of some
actual uniformity of some voluntary action. Custom is an old and very
important source of law as plays a very important role in shaping human
conduct in society even before the emergence of the State system in the
world. In a famous case, (Collector of Madura v. Mootoo Ramalinga) the
Privy Council remarked, “A clear proof of usage will outweigh the written
text of (Hindu) law”.

It is, however, mentionable here that there is a difference of opinion as to

the scope and authority of custom. Some regard it as a law in the true
sense, while others treat it simply as a source of law. Positivists do not
recognise custom as a law in the proper sense but treat it only as a source
of law. On the other hand, historical jurists like Savigny and Henry Maine
recognised customary law as far more superior to the law of the State.

 Practical or technical law

Practical or technical laws are not what we call the rules of law in the strict
sense. The term ‘law’ has been used here in a rhetorical sense. In light of
the said sense practical or technical laws consist of rules for the attainment
of certain ends e.g. the laws of health, sanitation, laws of building
construction and architecture, the laws of music, laws of fashion, style etc.
They are those rules which guide us to what we ought to do to attain
certain end.

 Civil law

The term ‘civil law’ derives from the Latin phrase ‘jus civile’. The term
signifies several meanings. In ancient Rome, the term was used to signify
the whole body of Roman law that was applied only to them as opposed
to the law applicable to foreigners. According to Law Lexicon, “Civil law
is the law of the Roman Empire, as codified by Justinian, and preserved,
with some additions, in the collection known as the ‘Corpus Juris Civilis’.
It is also used to distinguish Corpus Juris Civilis from Corpus Juris
Canonic (collections of ecclesiastical cannons) which were afterwards
codified.

In one sense, civil law means the law of the land or State as it exists and
is enforceable by the force or might of the State. It is essentially territorial
as it is applied within the territory of the State concerned and as such it is
not universal but general. Again, at times it is used to signify not the whole
law of the land but a portion thereof. For instance, in Bangladesh to speak
about Civil law we understand first the law which deals the civil/private
rights i.e. right to property and the right to post as opposed to criminal
law. Prof. Holland prefers to call civil law as positive law as it is enforced
by the sovereign political authority. But Prof. Salmond justifies the term
‘civil law’ as the law of the land. He argues that the positive law is not
confined to the law of the land rather its sphere or ambit is widespread,
e.g. international law is a kind of positive law (jus positivism) and is not a
civil law.