2. ORIGIN AND MEANING OF THE
CLASSIFICATION OF LAW
• First made by Roman Jurists: Vague in nature
• Hindu Jurists also laid down eighteen titles or heads of
“Vyavahara” civil law.
• any classification will have only a relative value and no
universal principle or rules can be laid down for it.
• any classification made keeping in view the law of a
Particular community or nation is not applicable to the law
of any other Community or nation.
•General Classification shall be given which has been
adopted by most of Jurists of the modern times
3. KINDS OF LAW
National and international law
Public and private law
Civil and criminal law
Substantive and procedural law
5. NATIONAL AND INTERNATIONAL LAW
National law is a set of rules made and followed in any particular country.
International law is made by international treaties and conventions by the nations
or the regional and international organizations.
So, the major sources of international law are multilateral Treaties, international
custom and such General Principles which are recognized by civilized nations.
National law is applied in the territory of a nation or to the citizens of that nation.,
whereas international law applies to the all human beings.
National law has strong enforcement, while international law has high moral value.
To sum: The legal Process that concerns legal relations among nations is called
international law., whereas
6. CLASSIFICATION INTERNATIONAL LAW
(1) Public international law
(2) Private international law
Public international law:
That body of rules which govern the conduct and relations of States with
other. To be specific; the term international law is used for this class of law.
Private international law:
That body of rules and Principles according to which the cases having foreign
element are decided. For example, if a contract is made between an Indian and
a Pakistani and the rule and Principles on which the rights and liabilities of the
Parties would be determined would be a part of Private international law.
Conflict of laws
Applies to the citizens of different countries
Vary from State to State and thus lacks uniformity
This class of law is enforced by municipal courts which administer municipal
law and not international law
7. PUBLIC AND PRIVATE LAW
Public law covers the area as a whole .
Private law generally covers the area of individual to individual relationship.
Public law matter applies commonly to all and private law matter applies separately.
Public law covers government to government and government to public in common relations and
private law covers person to government or person to person in personal relation.
10. CIVIL AND CRIMINAL LAW
Civil law is related to PPP (post, position/relation and property), while criminal
law is related to crime and punishment.
Family matters, property matters, etc. are civil law matters.
Theft, murder, etc. are criminal law matters.
The act which affects public at large and creates public sentiment falls under
criminal law side and the matter which affects in small group or persons
personally falls civil law matters.
In violation of civil law matters, an individual has to seek remedy personally
but in violation of criminal law matters, the state shall be the party on behalf of
the victim side and brings the culprits before the court.
12. Substantive and procedural law : Substantive law is that part of law which
establishes the rights and duties of each individual or organization and procedural
law is that part which gives the way out to bring the substantive law in practice.
Substantive law forecasts, declares any main/base, foundational provision and
procedural law brings that into reality. Substantive law is taken as skeleton of a
body and procedural law is taken as flesh, vain and blood circulation to give life to
the body.one is establish part and another is practical part.
Substantive law is the set of laws that governs how members of a society are to
behave. It is contrasted with procedural law, which is the set of procedures for
making, administering, and enforcing substantive law. Substantive law defines
rights and responsibilities in civil law, and crimes and punishments in criminal law. It
may be codified in statutes or exist through precedent in common law.