KINDS OF LAW.pptx

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.