BLF 240
INTRODUCTION TO LAW
CHAPTER 2: MAJOR
CLASSIFICATION OF LAW
Noor Zainee Binti Seli
(00763) Inns of Court Malaysia
zainee@[Link]
Learning outcomes
• At the end of the session, students shall be able to:
1. Define the meaning and interpretation of law within the
Malaysian legal system
2. Explain the concept and definition of law
3. Explain the different classifications of law and their functions
PUBLIC
L AW &
PRIVATE
L AW
Public
Law
•Public law is the part of law that governs relations between
legal persons and a government, between different
institutions within a state, between different branches of
governments, as well as relationships between persons
that are of direct concern to society.
•The activities of the state are regulated by public law.
Types of Public
Law
Constitutional Law Administrative law Criminal Law
• Constitutional Law is • Administrative law is • It is the body of law
the law that the body of law that that defines criminal
determines the nature gives permission for offenses, regulates the
of the state and the the creation of public cognizance, create
structure of regulatory agencies charges and trial of
government. and includes all the suspects, and also
• It is above and laws, judicial fixes the methods of
supreme from the decisions, and rules. punishment and
general law of the • This law is created by treatment applicable to
land. administrative convicted offenders.
• It describes the agencies and the • Its purpose is to stop
structure and function purpose is to crime and punish the
of the three organs of implement their wrongdoer.
the state. powers and duties in
the form of rules,
Private
Law
•Private law is the branch of law that deals with the rights and
duties of private individuals and the relationship between
them.
•Private law deals with the rights and obligations of individuals,
families, businesses and small groups and exists to assist
citizens in disputes involving private matters.
•Further classification of private law is as follows: –
a)Law of the person
b)Property law
c) Law of liability conflict of laws
PU BLIC L AW vs PRIVATE
PUBLIC L AW
L AW PRIVATE L AW
Public law aims to protect the Private law seeks to protect
public interest private interests
Individuals andthe state Private entities or organizations
are the main parties acting in the private capacity are the
involved main parties involved
Ensure the public interest of the Secure private interests /
general population freedom of the individuals in the
community
Responsible for regulating Responsible for regulating the
a harmonious activities between two or more
relation between the citizens and private entities in a just and fair
the state manner
Penal sanctions are more severe Sanctionusually include
CIVIL
L AW
&
CRIMINAL
L AW
CIVIL LAW vs CRIMIN AL
LAW
CIVIL L AW C R I M I N A L L AW
Civil law deals with the disputes Criminal law deals with crimes that are
between individuals, organizations, committed against society. Criminal law is
or between the two, in which the body of law that deals with crime
compensation is awarded to the victim and the legal punishment of criminal
offenses.
The wrongdoer has to pay It serves different degrees of
compensation to punishment for
the affected organization or person. the crime committed.
Civil law deals with property, money, Criminal law deals with serious
housing, divorce, custody of a child in crimes like murder, rape,
the event of a divorce, etc. arson, robbery, assault etc.
Civil law is initiated by a person The government files a petition in a
or criminal
organization or also known as the law case.
plaintiff.
M U N I C I PA L L A W
&
I N T E R N AT I O N A L L A W
Municipal
Law
•Municipal law is the law of that nation; it is domestic law
that governs the subjects of the state.
•This is contrary to International law.
•Municipal Law regulates relations between the individuals
under the sway of the respective State and the relations
between this State and the respective individuals.
•State approves the law. It is generally regional in nature as
it is applied within the territory of the country itself
Municipal
Law
P UBLIC L AW PRIVATE L AW
Public law is the part of law Private Law is concerned with
that governs relations the relationship between
between legal persons and a individuals with one another
government, between or private relationship
different institutions within a between citizens and
state, between different companies that are not of
branches of governments, public importance.
as well as relationships
between persons that are of
direct concern to society.
International
Law
• International law is a set of rules which are binding between
countries and aims to ensure security and peace among
various nations. It is an independent system of law existing
outside the legal framework of a particular state. International
law has been incorporated into national law by various
countries such that the United States has declared that all
international law will be part of the nation’s law.
•Even the UK has incorporated in its municipal laws and
whenever there is a conflict between international law and
municipal law courts, decisions have to be taken keeping in
mind the harmonious construction between them
International
Law
• International law can be classified into four: –
• Customary International law: – These are rules that have been in force since ancient times
between countries such as the law of the sea.
• Treaty law: – These are rules made by treaties between two or more countries.
• Public International law: – These are the rules that govern the conduct and relations of the
state with others.
• Private International law: – It contains rules and principles according to which cases with
foreign elements are decided.
S U B S TA N T I V E L A W
& P R O C E D U RA L
L AW
THANK YOU