Notes of Classification collected from different Sources(A-C)

A. Classification of Laws

The classification of laws refers to the systematic arrangement and categorization of various lega
l principles, rules, and areas of law based on their nature, purpose, and scope. It involves groupin
g different types of laws together to facilitate better understanding, organization, and study of the
legal system. By classifying laws, legal experts and practitioners can easily identify and different
iate between different aspects of the law, making it more manageable to navigate the complex an
d diverse field of legal regulations. The classification helps in structuring legal education, practic
e, and research and assists in clarifying the relationships between different branches of law and t
heir applications in various situations. Overall, the classification of law contributes to a clearer a
nd more organized understanding of the legal framework.

B. Classification of Laws

Law can be classified into various categories, including public vs. private law, civil vs. criminal l
aw, and substantive vs. procedural law, to facilitate understanding and application of legal princi
ples.

Major Classifications of Law

1. Public Law vs. Private Law

Public Law: Governs the relationship between individuals and the state. It includes areas such as
constitutional law, administrative law, and criminal law. Public law is concerned with issues that
affect society as a whole.

Private Law: Regulates relationships between private individuals or entities. It includes areas su
ch as contract law, tort law, and family law. Private law focuses on individual rights and obligati
ons.

2. Civil Law vs. Criminal Law

Civil Law: Deals with disputes between individuals or organizations, typically seeking compens
ation or specific performance. Examples include contract disputes and property issues.

Criminal Law: Involves offenses against the state or public, where the government prosecutes in
dividuals for actions deemed harmful to society. Examples include theft, assault, and murder.

3. Substantive Law vs. Procedural Law

Substantive Law: Defines rights and duties, outlining what constitutes legal behavior. It include
s laws that govern how people interact and what is considered a legal offense.
Procedural Law: Outlines the processes and procedures for enforcing rights and obligations. It i
ncludes rules governing court procedures and the legal process.

4. National Law vs. International Law

National Law: Refers to laws that are enacted and enforced within a specific country. It governs
the legal framework of that nation.

International Law: Governs the relationships between countries and international entities. It inc
ludes treaties, conventions, and agreements that regulate international relations.

Purpose of Classification

The classification of law serves several purposes:

 Organization: It helps in structuring legal education, practice, and research, making it ea

sier to navigate the complexities of the legal system.
 Clarity: By categorizing laws, legal professionals can better understand and apply legal p
rinciples in various contexts.
 Accessibility: Classification aids in identifying relevant legal precedents and principles, f
acilitating access to the law for practitioners and scholars alike.

Understanding these classifications is essential for anyone studying law, as it provides a framewo
rk for analyzing legal issues and applying the appropriate legal principles in practice.

C. Classification of law

Classification of law is an ancient idea that goes back in time. The original organisers of things
were the Roman legal experts. Similarly, the ancient Hindu legal experts created 18 categories or
sections for “Vyavahara,” which is about civil law matters.

Criminal law is separated from civil law and put into different groups. However, there are two
limits to how laws are categorised. Any arrangement is only useful in relation to other things and
there can’t be a set of big principles or rules for it.

The old guidelines changed over time in how they worked and the situations they were used.
New guidelines based on new ideas also came up. So, a new way of organising is needed. The
Roman legal experts used to organise laws, but today’s world thinks that their way of organising
isn’t clear.

Laws can be classified in many ways, such as criminal law and civil law, public law and private
law, the real rules and the process rules, laws of one country and laws that work across countries
and so on.
Meaning of Classification of Law

The classification of law refers to the systematic arrangement and categorisation of various
legal principles, rules and areas of law based on their nature, purpose and scope. It involves
grouping different types of laws together to facilitate better understanding, organisation
and study of the legal system.

By classifying laws, legal experts and practitioners can easily identify and differentiate between
different aspects of the law, making it more manageable to navigate the complex and diverse
field of legal regulations. The classification helps in structuring legal education, practice and
research and it assists in clarifying the relationships between different branches of law and their
applications in various situations. Overall, the classification of law contributes to a clearer and
more organised understanding of the legal framework.

Purpose of Classification of Law

The purpose of classifying law is to bring order and clarity to the intricate web of legal principles
and regulations. By systematically categorising different types of laws based on their
characteristics, nature and scope, the classification process enhances the understanding,
interpretation and application of the legal framework. This organisation aids legal professionals,
scholars and students in comprehending the diverse aspects of law more effectively.

Furthermore, classification enables streamlined legal education and research by providing a

structured roadmap to navigate the complexities of the legal system. It assists in identifying
connections and distinctions between various branches of law, fostering a more cohesive
understanding of the legal landscape.

The classification of law also aids in legal practice by facilitating access to relevant legal
precedents and principles. Ultimately, this systematic arrangement fosters a more efficient and
accessible legal system, promoting informed decision-making, whether in courtrooms, legislative
bodies or academic studies.

Here are some common classifications of law:

1. Public Law vs. Private Law: This classification divides law into public laws that deal
with government and society (like constitutional law and administrative law) and private
laws that regulate relationships between individuals and entities (like contract
law and tort law).
2. Substantive Law vs. Procedural Law: Substantive law defines rights, duties and
responsibilities, while procedural law outlines the process of enforcing those rights and
resolving disputes.
 3. Civil Law vs. Criminal Law: Civil law deals with disputes between individuals or
entities, seeking compensation or specific actions, while criminal law addresses offences
against society, aiming to punish wrongdoers.
4. National Law vs. International Law: National law pertains to rules within a specific
country, while international law governs relations between countries and entities on a
global scale.

Detail Discussion on Classification of Laws

1. Classification of Law As International and National Law
A. International Law: International Law is a classification of law that deals with the rules
for how countries interact with each other. It’s like a set of guidelines that countries
follow when they have dealings with one another. These rules are based on traditions and
agreements that countries agree to follow when they interact.

To put it another way, International Law is a collection of traditional and agreed-upon rules that
are considered official by well-behaved countries when they deal with each other. According to
the Oxford Dictionary, International Law is defined as “a set of rules that are created by tradition
or agreements between countries and are seen as binding when countries interact with each
other.” This type of law mostly comes from agreements (treaties) between well-behaved
countries. International Law can be divided into two main parts:

(a) Public International Law

This is the set of rules that controls how one country behaves toward other countries. For
instance, if two countries agree to send back criminals who have run away to the other country,
that’s an example of Public International Law.

(b) Private International Law

This means the rules that decide what happens when situations involve different countries. For
example, if an Indian person and a British person make a deal in India but it’s supposed to be
carried out in Nepal, the rules that decide what rights and duties the people have are called
‘Private International Law‘.

B. Municipal Law or National Law

Municipal Law refers to the laws of a specific nation, the laws that apply within a country’s
borders. It’s the internal law that governs the people who are part of that country. This is
different from International Law, which deals with how countries interact on a global level.
Municipal Law handles things like how individuals relate to each other within the country and
how the country’s government interacts with its citizens. The government approves these laws.
It’s usually limited to the country’s territory. Municipal Law can be classified into two main
parts: Public law and Private law.
2. Classification of Law As Public and Private Law

I. Public Law: it refers to the part of the law that handles relationships between legal entities,
like individuals and the government. It also deals with interactions among different parts of a
country’s institutions, including different branches of the government. Additionally, public law
covers relationships that directly affect society. It’s about how the government functions and is
accountable.

This type of law sets the rules for how a country is organised and how it operates. It also defines
how the government interacts with its citizens. When we say ‘public,’ we mean the state itself or
parts of it that have authority, as well as individuals or bodies that have been given power by the
state. Public law can be divided into specific categories:

Constitutional Law: Constitutional Law determines the nature of the state and how the
government is structured. It’s the highest form of law, above all other laws. It outlines how the
three branches of government function. Regular laws get their importance from constitutional
law.

Administrative Law: Administrative Law allows the creation of public regulatory agencies. It
covers laws, court decisions and rules related to these agencies. These laws are made by
administrative agencies to define how they can use their powers and fulfil their duties through
rules, regulations, orders and decisions.

Criminal Law: Criminal Law defines what counts as a criminal offence, regulates how crimes
are recognised, establishes charges and trials for suspects and sets out the ways punishment and
treatment are applied to convicted offenders. Its main goal is to prevent crime and penalise
wrongdoers.

II. Private Law

Private Law is the branch of law that deals with legal relationships and disputes between
individuals, organisations or entities that are not of significant public concern. It governs the
interactions and obligations of private parties, such as individuals, businesses and organisations,
in their personal and business affairs.

Private law encompasses a wide range of legal matters, including contracts, property ownership,
torts (civil wrongs like negligence or defamation), family law (such as marriage, divorce
and child custody), inheritance and more. Its focus is on resolving conflicts and ensuring fairness
in private matters between individuals and entities.

In contrast to Public Law, which governs relationships between individuals and the government
or matters of public interest, Private Law is primarily concerned with the rights, duties and
liabilities that individuals and entities have toward each other in their private interactions.
3. Classification of Law As Civil Law and Criminal Law

A. Civil Law: it refers to the legal area that deals with actions that cause harm to an individual
or a private party, like a company. Examples of civil law cases include instances of
defamation, breaking contracts, negligence that results in harm or death and causing damage
to property. In civil law cases, individuals (called plaintiffs) start the legal process by filing
suits.

Typically, a judge makes the decisions. Penalties in civil law cases usually involve monetary
compensation and never imprisonment. The plaintiff needs to prove the defendant’s
responsibility based on the “preponderance of evidence,” which means showing it’s more likely
than not. Defendants in civil cases don’t have the same legal protections as those accused of
crimes.

B. Criminal Law: it involves actions that are considered crimes against the public, society or
the state, even if an individual is the immediate victim. Examples include murder, assault,
theft and driving under the influence. In criminal law, the focus is on protecting public
interests. This includes punishing and rehabilitating offenders while safeguarding society.

The government assigns the police and prosecutors to enforce criminal law. Public funds cover
these services. If you’re a crime victim, you report it to the police, who investigate and find
suspects. Generally, if there’s a proper charge with evidence, the government, not the person
who reported the incident, brings the case to court.

5. Classification of Law As Substantive Law and Procedural Law

A. Substantive Law: it is the set of laws that outlines the original rights and responsibilities
of individuals. It can come from common law, statutes or a constitution. For instance, a
legal claim related to breach of contract, negligence or fraud is considered a substantive
right under common law. This law essentially defines the rules that determine the rights
and duties of both individuals and groups.

B. Procedural Law: It is the set of legal rules that establish how substantive law is
developed, upheld and used, especially within a courtroom. Procedural law deals with the
specific processes that guide the progression of a case. It outlines the methods through
which substantive laws are enforced and applied. In essence, procedural laws lay down
the guidelines for ensuring that substantive laws are followed correctly.