Classification / Divisions of Law – UNIT - 3

What is law?

There is a lot of Literature on the Subject of Law and In spite of

that, different definitions have been given.... Law is a Social
Science and grows, develops with the growth and development of
Society. New development in Society creates new problems and
law is required to deal with those problems In order to keep pace in
society, the Definition and scope of law must continue to change.
The result is that a definition of law give at a particular time cannot
remain valid for all times to come. A definition of Law which is
considered satisfactory today may be found narrow tomorrow.

Definition of Law
 Justinian: According To Justinian "Law is the King of all
mortal and immortal affairs, which ought to be the chief, the ruler
and the leader of the noble and the base and thus the standard of
what is just and unjust, the Commander to animals naturally social
of what they should do the forbidden of what they Should not do.

John Erskine: “Law is the command of a sovereign,

containing a common rule of life for his subjects and obliging them
to obedience.”

Hobbes: According to Hobbes Law is the speech of him who by right

commands somewhat to be done or omitted.

Classification of Law

Classification of laws have been made time to time. For a

proper understanding of law, a classification of law is not only desirable but
also necessary. Classification of Law makes clear the relation between different
rules and their effect on each other. It also helps in arranging them in a concise
and systematic manner. It can help a lawyer to understand the law.

We must not forget that no classification of law is going to be permanent. Every

classification is based on the law as it was when classification made However,
law keeps on changing according to the needs of the people at different times
and in different places. Law may be classified under the following heads.

International Law and Municipal Law

(A) International Law:
 (i) Public International Law
(ii) Private International Law
(B) Municipal Law or National Law:
(i) Public Law
(ii) Private Law
2) Criminal Law and Civil Law
3) Substantive Law and Procedural Law
1) International Law and Municipal Law
(A) International Law:

Law may be broadly divided into two classes International Law and Municipal Law. The
term International Law was coined for the first time by Jeremy Bentham in 1780 International
Law or Law of Nations deals with rules for the governance of Sovereign States in their relation
and conduct towards one another. International Law is not only law but also a very important
branch of law. International law is divided into two classes Public International
Law and Private International Law.

(i) Public International Law:

Public International Law is the body of rules which govern the conduct and relations of
the States with each other.

(ii) Private International Law:

Private International Law, which is also known as 'Conflict of Laws' deals with cases
involving foreign element. In case of a dispute between Individual citizen or State and foreign
element, where there is a need to contact with the foreign system of law, the Private International
Law will apply.
(B) Municipal Law:
 Municipal Law or Law of Nations is the Law applied within a State. It can be divided
into two classes: Public law and Private Law.
(i) Public Law:
Public Law is that branch of Law, which determines and regulates the organization and
functioning of the State. It also determines the relation of the State with its Subjects. It is
concerned with the State in its political and sovereign capacity.
Public law is divided into three classes: Constitutional Law, Administrative Law, Criminal Law
(a) Constitutional Law:
The constitutional law determines the nature of the State and the structure of the
government. The constitutional law is superior law of the land. In India and United States
Constitutional Law is written but In England, it is unwritten. The Modern Tendency is to have
written constitutions.
(b) Administrative Law:
Administrative Law deals with the structure, powers, and functions of the organization of
administration.
(c) Criminal Law:
Criminal law is necessary for the maintenance of law and order and peace within the state.
Criminal law defines and prescribes punishments for them. Criminal Law not only Prevents
Crime but also punishes the offenders.
(ii) Private Law:
Private law protects the Rights of an Individual or groups of individuals. It regulates
and governs the relations of citizens with one another.
2) Criminal Law and Civil Law:
Criminal law or Law of Crimes is the branch of public Law. It deals with offenses
punishable by State and is enforced in the name of the State. Criminal Law divided into
Substantive law and Procedural Law.
Crime is public wrong. It is an offense against the public as a whole. There is no satisfactory
definition of the word 'crime'. According to Blackstone "Crime is an act committed or committed
in violation of a public law forbidding or commanding it."
 Civil law is concerned with the rights and duties of Individuals to one another and provides a
system of remedies. E.g. Law of Property, Law of Contract etc.
3) Substantive Law and Procedural Law
The substantive law deals with the rights and duties of Individuals. It defines what facts go
to constitute a right or liability. Procedural law is one by which substantive law is applied to
particular cases. It provides the mechanism for implementation of the rules enshrined in the
substantive law.