Law jurisprudence

1. KINDS OF
LAW

2. SALMOND’S CLASSIFICATION
(Nature of Law)
❖ IMPERATIVE LAW
❖ CIVIL LAW
❖ NATURAL OR MORAL LAW
❖ PHYSICAL OR SCIENTIFIC LAW
❖ PRACTICAL OR TECHNICAL LAW
❖ CONVENTIONAL LAW
❖ CUSTOMARY LAW
❖ INTERNATIONAL LAW

3. ❖IMPERATIVE LAW
❖A rule which prescribes a general course of
action imposed by some authority.
❖Enforced by a superior power, either
physical or any other form of compulsion.
❖John Austin’s Command Theory.

4. ❖CIVIL LAW
❖According to Salmond, Civil law includes:
❖Law of the State or of the land
❖Law of lawyers.
❖Law of courts.
❖Positive law.
❖Enforcement by the State.

5. ❖ NATURAL OR MORAL LAW
❖Principles of natural right & wrong.
❖Principles of Natural Justice – Includes all forms of
rightful action.
❖Command of God imposed upon men – Divine Law.
❖Established by reason upon which the world is
governed – Rational Law/Law of Reason.
❖Existed before beginning of the world – Eternal Law.
❖Unwritten and Universal.

6. ❖ PHYSICAL OR SCIENTIFIC LAW
❖Expression of the uniformities of the nature .
❖General principles of regularity and harmony observable
in the activities and operations of the universe.
e.g. : Law of tides, Laws of gravity and other principles
in natural sciences.
❖ PRACTICAL OR TECHNICAL LAW
❖Rules for attainment of certain ends.
e.g. : Laws of health, Laws of Music, Laws of
Architecture.

7. ❖CUSTOMARY LAW
❖Any rule of action which is actually
observed by men.
❖Any rule which is expression of some
actual uniformity of some voluntary
action.
❖Valid law/Source of law debate.

8. ❖CONVENTIONAL LAW
❖Any rule or system of rules agreed upon
by persons for the regulation of their
conduct towards each other.
❖Rules in Games, Regulations under
Clubs/Voluntary societies.

9. ❖ INTERNATIONAL LAW
❖Species of conventional law having its source at
international agreements.
❖International law is derived from express agreement.
❖It is an aggregate of rules and regulations recognized
and accepted by civilized states in their relations with
each other.

10. ❖ CLASSIFICATION BASED ON TERRITORY
❖ MUNICIPAL LAW
❖ Laws applicable within a state.
❖ Public law : Regulates organising and functioning of the State and determine relations
between State and individuals.
e.g. : Constitutional Law, Administrative Law and Criminal.
❖ Private law: Regulates and governs relations of citizens with one another.
e.g. : Law of Persons, Law of Property, Law of torts etc.
❖INTERNATIONAL LAW
❖Public International Law
❖Governs the conduct and relations of the state with each other.
❖Private International Law
❖Rules and principles according to which cases having foreign
element are decided, i.e., parties of different nationalities.

11. SUBSTANTIVE LAWS
❖ Defines rights and remedies.
❖ Relates to purpose and subject
matter of litigation.
❖ Concerned with ends.
❖ Deals with rights, duties and
liabilities.
❖ Regulates the conduct and
relations of people inter se.
❖ Deals with matters outside courts.
❖ Concerns the contents of judicial
decisions.
PROCEDURAL LAWS
❖ Deals with modes in which
remedies are worked out in the
protection of rights.
❖ Governs process of litigation.
❖ Deals with means and
instruments.
❖ Deals with their protection and
enforcement.
❖ Regulates the conduct of courts
and litigation.
❖ Regulates affairs inside court.
❖ Provides the way for arriving at
those decisions.