Chapter Two
Classification of Laws
By: Mahteme Feleke
2.1. Classification of Laws
• Law is classified into the following
ways in order to make it more
understandable.
I. Domestic and International law
II. Substantive laws and Procedural laws
III. Criminal law and Civil law
IV. Public law and Private law
2.1.1. Domestic Law and International Law
A. Domestic Law
• This is a law formulated by a sovereign state and is
applied within the territory of that state only.
• The people of that state are the subjects of the
national law (the rights and duties of the peoples
living in that country emanate from the domestic
laws of the state)
• It can be classified into two as :
i. Public Law: law that deals with the relationship
between citizens on the one hand and the state on the
other hand
ii. Private Law: law that deals with the relationship
between citizens
B. International Law
• Rules or conduct which states feel themselves bound
to observe, and therefore do commonly observe in
their relations with each other, and which includes:
i. rules and laws relating to functioning of international
institutions and organizations, and their relations with
each other and their relations with states and
individuals
ii. Rules and laws relating to individuals, so far as the
rights and duties of such individuals are the concern of
the international community
• IL can further be classified in to two as:
– Private international law (conflict of laws) and
– Public International Law
I. Private International Law (conflict of Laws)
• This law determines how cases with foreign elements
are entertained
• It is a branch of law which provides procedure and
guidelines in a private litigation (the parties are private
individuals- with at least one foreign citizen involving as a
party to the case)
• This branch of law also incorporates Rules of recognition
and enforcement of foreign judgment (judgments made
in foreign countries- how to apply them in the country)
II. Public International Law
• Governs relations between sovereign states.
– The subjects of IL are states (states have rights and duties
under IL)
• International organizations and companies are also
grounded by this branch of law as they have rights and
duties under international Law
2.1.2. Substantive Laws and Procedural Laws
A. Substantive Laws
• These are laws the define rights , privileges and duties
– EG: criminal law, law of family, law of property, law of contract
B. Procedural Laws
• Law that incorporates methods by which claims of a person are
adjudicated
– Includes procedures through which rights, privileges and duties are enforced
• It makes sure that legal disputes will be handled in a fair and orderly way
• It is a means to an end (the end is the application of the substantive law).
EG:
– Civil Procedure law
• lays down the procedure that is followed in civil cases
– Criminal Procedure Law
• criminal law provides rules, which order a person to refrain from doing something.
• Criminal Prosecution may be instituted against such person who has violated the
criminal laws. The rules of law for apprehension, prosecution and fixing of punishment
of such persons who have committed crimes is prescribed in criminal procedure
– Administrative Procedure Law
• the procedure which is followed by the executive branch of the government when it
performs its functions with regard to the administration of civil servants and other
individuals
2.1.3. Public Law and Private Law
A. Private Law
• Governs relationships between private
individuals
• As a rule is permissive
• Can be classified as:
– private international law and
– private national law (municipal law)
• The national laws that are classified as private
laws are civil laws which include: law of persons,
law of family, law of property, law of contracts,
commercial/ business law etc.
B. Public Law
• Regulates the acts of persons who act in the
general interest, in virtue of a direct or mediate
delegation emanating from the sovereign
• Covers relations that involve the state as a party
(in the capacity of a state)
• It includes laws like constitutional law,
administrative law, financial (tax law) and
criminal law.
– In all these forms of laws, the state is involved as a
party, in the capacity of a state.
2.1.4. Criminal Law and Civil Law
A. Criminal Law
• Part of law that defines crimes against the community at large
(anything that is not listed as a crime in the criminal law does not
amount to a crime within the country)
• It also covers how suspects are investigated charged and tried
• It also establishes punishments for the crimes that are identified
by it.
• Criminal wrong:
– the gravity of the injury is more directed to the public at large
(including the specific victim), the state by itself can take a direct action
against the wrong doer.
– Public condemnation or provision for compensation is ineffective as in
the case of moral or civil wrong. Wrongs like murder, kidnapping ,
treason and the like, disturb the very fabric of law and order and
jeopardize the states existence or create a wide spread panic. Thus
the state stress the necessity of punishing the wrong doer rather than
concerning itself with the question of payment of or compensation to
the injured party by the wrong doer. Such wrongs are public
wrongs/crimes for which the criminal proceedings are instituted by the
state and culprit is punished.
B. Civil Law
• this branch of law spells out the duties that exist
between persons or between citizens and
government
• It excludes the duty not to commit crimes.
– Violation of rights and duties mentioned in the civil law do
not amount to crimes and the violator may not be held
criminally liable. However, such person will be held liable
according to tort law (laws emanating from extra
contractual liability)
• Civil wrong:
– the magnitude of injury is supposed to be more
concentrated on the individual, the state at the instance
of the injured individual or group directs the wrong doer to
compensate the injured interms of money as in the case
of deceit, nuisance, negligence etc.
– this type of wrong is called civil wrong or tort (gives civil
remedy to the injured)