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.