☼ Prof.

John Austin classifies law into the following three categories:

(a)Divine Law,
(b) Human Law and
(c)Positive Morality.

Positive morality refers to ethical principles and actions that promote

goodness, kindness, and compassion towards others. It emphasises the
importance of empathy, generosity, and benevolence in guiding human
behaviour and decision-making. By prioritising positive values and
virtues, individuals contribute to creating a more harmonious and morally
upright society. According to Austin, divine law and human law are only
laws in the true sense of the term, but positive morality is not the same
because of its lack of binding force in the absence of sanction.

☼ Prof. Holland Classifies law into the following five categories:

1) Private and Public Law

2) General and Special Law
3) Substantive and Procedural Law
4) Antecedent and Remedial Law
5) Law in rem and Law in Personam.

Private law and public have been discussed earlier; so, we would not
exaggerate here rather we will concentrate on other types of law.
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General Law: The phrase ‘general law’ means the territorial law, general
or ordinary law of a country. It covers all the persons, organisations,
things, acts events etc within its jurisdiction.

Law, that is neither local nor confined in application to a particular person.

Even if there is only one person or entity to which a given law applies
when enacted, it is general law if it purports to apply to all persons or
places of a specified class throughout the jurisdiction. – Also termed as
general statute; law of general nature.1 For example, the law of crimes
and the law of contract of Bangladesh etc are the general laws of
Bangladesh as they are applied to all persons and organisations
throughout the country indiscriminately.

Special Law: The expression ‘special law’ means a provision of law

which is not applicable generally but applies to a particular or specified
subject or class of subjects.2 In other words, special laws are laws which
consist of certain legal rules that are so exceptional in nature, source or
application that they are quite different and distinct from the general law.

It is mentionable here that general law consists of those legal rules of

which the courts take judicial notice whereas the special law consists of
those legal rules which courts will not recognise and apply them as a
matter of course but which must be specially proved and brought to the
notice of the courts by the interested parties. The maxim “ignorentia juris
non excusat” i.e. ignorance of the law is no excuse is applied to special
law in the same manner as it is applied to general law.3

Substantive and Procedural Law: The phrase “Substantive Law and

Procedural Law” occupies a very important place in jurisprudence. Hence,
they require a details discussion thereof. So, may be discussed as a
separate chapter. However, here we will mention the two precisely.

Substantive Law: The part of the law that creates, defines, and regulates
the rights, duties, crimes, and powers of parties. For example, the Penal
Code, Law of Contract etc are substantive laws.

Procedural Law: The rules that prescribe the steps for having a right or
duty judicially enforced, as opposed to the law that defines the specific
rights and duties themselves. – Also termed adjective law.

1
Black’s Law Dictionary p. 900.
2
Law Lexicon, 3rd Reprint ed. 2002, p. 1790.
3
Noshirvan H. Jhabvala, the Elements of Jurisprudence, p. 149.
Antecedent and Remedial Law: Antecedent law is the law which
prescribes independent specific enforcement without any resort to any
remedial law against the breach of law. The law relating to the specific
performance of a contract is the best example of antecedent law. The
remedial law, on the other hand, provides a remedy against the breach of
law. Law of torts, writs etc come within the category of remedial laws.

Law in Rem and Law in Personam: Law in rem relates to the

enforcement of those rights which a person has against the whole world
at large or against the people in general whereas law of personam deals
with those rights which are available against a definite person or persons.
Law of inheritance, succession, ownership etc comprise the subject matter
of law in rem while the law of contract, trust etc are the species of law in
personam.4

☼ Special laws may be of the following six classes:

(a)Local Law
(b) Foreign Law
(c)Conventional Law
(d) Autonomic Law
(e)Martial Law
(f) Prize Law
(g) Mercantile Law.

Local Law: A statute that relates to or operates in a particular locality

rather than the entire State. – Also termed as local Act; local statute.5

Local law means the law applicable to a particular locality or area. 6

Simply speaking, local law is the law which applies to a particular area of
a country or State. Local law is also of two types. Such as (a) Local
customary Law and (b) Local enacted Law.

4
Dr. N.V. Paranjape, Studies in Jurisprudence and Legal Theory, 4th Ed. p. 151.
5
Black’s Law Dictionary, 8th ed. Reprint-2008, p. 957.
6
Penal Code, Act No. 45 of 1860, Section, 42.
Local customary Law: Law which evolves from the immemorial custom
of a certain locality and has obtained the force of law. However, this local
customary law does not apply elsewhere in the country or State than to
that particular locality. In India, the right of pre-emption as to the
immovable property is recognised in certain areas viz. Delhi, Bihar, and
Haryana but it cannot be claimed as general custom in any other place.

Local enacted Law: Local enacted law is the law which is enacted by the
sub-ordinate local authority and obtains the force of law for that particular
locality. We may mention here several City Corporation Acts as examples
e.g., Dhaka City Corporations Act.

Foreign Law: 1. Generally, the law of another country. 2. Conflict of

laws. The law of another State or a foreign country.7 We know the law of
the land applies to all its subjects. But sometimes court has to take notice
of foreign law. There may be some cases where the parties may belong to
different countries. Then it is essential to take account of foreign law to
determine the rights and liabilities of the litigants on its basis. This is the
field of foreign law otherwise called private international law or conflict
of laws.

7
Black’s Law Dictionary, 8th ed. Reprint-2008, p. 675.