Page 1
101
The classification of law is important for the correct and comprehensive understanding of the law.
The following are the benefits of classifying law:
i. Useful in understanding the interrelation of rules.
ii. Useful in the systematic arrangements of rules.
iii. Useful for the profession and students of law.
There are several ways of classifying law and the idea of classification of law is not new. Even in
ancient civilizations, the jurists were well aware of the difference between civil and criminal laws.
However, with the passage of time, many new branches have come into existence and therefore, the
old classification has become outdated. Law can be classified in many ways with respect to time and
place. However law may be broadly divided into the following two classes in terms of its usage:
i. International Law
ii. Municipal Law
These classes of law are discussed briefly hereafter.
International law is an important branch of law. It deals with those rules and regulations of
nation which are recognized and are binding upon each other through reciprocity. Many jurist
however, do not give much importance to this branch. In recent times, this branch of law has
grown manifold and has acquired increasing importance on account of globalization and other
related factors.
International law has been further classified as follows:
This branch of law relates to the body of rules and regulations which governs the
relationship between nations. Countries mutually recognise these sets of rules which are
binding on them in their transactions on a reciprocal basis.
Private international law is that part of law of the State, which deals with cases having a
foreign element. Private international law relates to the rights of private citizens of
different countries. Marriages and adoption of individuals belonging to different nations
fall within its domain.
I. INTERNATIONAL LAW
i. Public International Law
ii. Private International Law
UNIT 02: CHAPTER 2
Classification of Law
Page 2
101
The classification of law is important for the correct and comprehensive understanding of the law.
The following are the benefits of classifying law:
i. Useful in understanding the interrelation of rules.
ii. Useful in the systematic arrangements of rules.
iii. Useful for the profession and students of law.
There are several ways of classifying law and the idea of classification of law is not new. Even in
ancient civilizations, the jurists were well aware of the difference between civil and criminal laws.
However, with the passage of time, many new branches have come into existence and therefore, the
old classification has become outdated. Law can be classified in many ways with respect to time and
place. However law may be broadly divided into the following two classes in terms of its usage:
i. International Law
ii. Municipal Law
These classes of law are discussed briefly hereafter.
International law is an important branch of law. It deals with those rules and regulations of
nation which are recognized and are binding upon each other through reciprocity. Many jurist
however, do not give much importance to this branch. In recent times, this branch of law has
grown manifold and has acquired increasing importance on account of globalization and other
related factors.
International law has been further classified as follows:
This branch of law relates to the body of rules and regulations which governs the
relationship between nations. Countries mutually recognise these sets of rules which are
binding on them in their transactions on a reciprocal basis.
Private international law is that part of law of the State, which deals with cases having a
foreign element. Private international law relates to the rights of private citizens of
different countries. Marriages and adoption of individuals belonging to different nations
fall within its domain.
I. INTERNATIONAL LAW
i. Public International Law
ii. Private International Law
UNIT 02: CHAPTER 2
Classification of Law
102
II. MUNICIPAL LAW
Municipal laws are basically domestic or national laws. They regulate the relationship between
the State and its citizen and determines the relationship among citizens. Municipal law can be
further classified into two segments:
Public law chiefly regulates the relationship between the State and its' subjects. It also
provides the structure and functioning of the organs of States. The three important
branches of public law are the following:
(a) Constitutional Law: Constitutional law is considered to be the basic as well as the
supreme law of the country. The nature of any State is basically determined by its
Constitution. It also provides the structure of the government. All the organs of states
derive their powers from the Constitution. Some countries, such as India, have a
written Constitution, while countries such as the United Kingdom have an 'uncodified
Constitution'. In India, the fundamental rights are granted and protected under the
Constitution.
(b) Administrative Law: Administrative law mainly deals with the powers and functions
of administrative authorities - government departments, authorities, bodies etc. It
deals with the extent of powers held by the administrative bodies and the mechanism
whereby their actions can be controlled. It also provides for legal remedies in case of
any violation of the rights of the people.
I. Public Law
Established: 1945
Jurisdiction: Worldwide, 193 member States
Location: The Hague, Netherlands
Authorizing Statute: UN Charter, ICJ Statute
Judge term: 9 years
Number of positions: 15
Current President: Justice Peter Tomka
Indian Member: Justice Dalveer Bhandari
Website: www.icj-cij.org
International Court of Justice,
Hague, Netherlands
Source:
http://en.wikipedia.org/wiki/File:Inter
national_Court_of_Justice.jpg
Page 3
101
The classification of law is important for the correct and comprehensive understanding of the law.
The following are the benefits of classifying law:
i. Useful in understanding the interrelation of rules.
ii. Useful in the systematic arrangements of rules.
iii. Useful for the profession and students of law.
There are several ways of classifying law and the idea of classification of law is not new. Even in
ancient civilizations, the jurists were well aware of the difference between civil and criminal laws.
However, with the passage of time, many new branches have come into existence and therefore, the
old classification has become outdated. Law can be classified in many ways with respect to time and
place. However law may be broadly divided into the following two classes in terms of its usage:
i. International Law
ii. Municipal Law
These classes of law are discussed briefly hereafter.
International law is an important branch of law. It deals with those rules and regulations of
nation which are recognized and are binding upon each other through reciprocity. Many jurist
however, do not give much importance to this branch. In recent times, this branch of law has
grown manifold and has acquired increasing importance on account of globalization and other
related factors.
International law has been further classified as follows:
This branch of law relates to the body of rules and regulations which governs the
relationship between nations. Countries mutually recognise these sets of rules which are
binding on them in their transactions on a reciprocal basis.
Private international law is that part of law of the State, which deals with cases having a
foreign element. Private international law relates to the rights of private citizens of
different countries. Marriages and adoption of individuals belonging to different nations
fall within its domain.
I. INTERNATIONAL LAW
i. Public International Law
ii. Private International Law
UNIT 02: CHAPTER 2
Classification of Law
102
II. MUNICIPAL LAW
Municipal laws are basically domestic or national laws. They regulate the relationship between
the State and its citizen and determines the relationship among citizens. Municipal law can be
further classified into two segments:
Public law chiefly regulates the relationship between the State and its' subjects. It also
provides the structure and functioning of the organs of States. The three important
branches of public law are the following:
(a) Constitutional Law: Constitutional law is considered to be the basic as well as the
supreme law of the country. The nature of any State is basically determined by its
Constitution. It also provides the structure of the government. All the organs of states
derive their powers from the Constitution. Some countries, such as India, have a
written Constitution, while countries such as the United Kingdom have an 'uncodified
Constitution'. In India, the fundamental rights are granted and protected under the
Constitution.
(b) Administrative Law: Administrative law mainly deals with the powers and functions
of administrative authorities - government departments, authorities, bodies etc. It
deals with the extent of powers held by the administrative bodies and the mechanism
whereby their actions can be controlled. It also provides for legal remedies in case of
any violation of the rights of the people.
I. Public Law
Established: 1945
Jurisdiction: Worldwide, 193 member States
Location: The Hague, Netherlands
Authorizing Statute: UN Charter, ICJ Statute
Judge term: 9 years
Number of positions: 15
Current President: Justice Peter Tomka
Indian Member: Justice Dalveer Bhandari
Website: www.icj-cij.org
International Court of Justice,
Hague, Netherlands
Source:
http://en.wikipedia.org/wiki/File:Inter
national_Court_of_Justice.jpg
103
(c) Criminal Law: Criminal law generally deals with acts which are prohibited by law and
defines the prohibited act as an offence. It also prescribes punishments for criminal
offences. Criminal law is very important for maintaining order in the society, and for
maintaining peace. It is considered a part of public law, as crime is not only against the
individual but against the whole society. Indian Penal Code, 1860 (also known as IPC) is
an example of a criminal law legislation, in which different kinds of offences are
defined and punishments prescribed.
This branch of law defines, regulates, governs and enforces relationships between
individuals and associations and corporations. In other words, this branch of law deals with
the definition, regulation and enforcement of mutual rights and duties of individuals. The
state intervenes through its judicial organs (e.g. courts) to settle the dispute between the
parties. Private or Civil law confers civil rights which are administered and adjudicated by
civil courts. Much of the life of a society is regulated by this set of private laws or civil
rights. This branch of law can be further classified into the following:
(a) Personal Law: It is a branch of law related to marriage, divorce and succession
(inheritance). These laws are based on religion, ritual and customs of marriage,
divorce, and inheritance. In such matters, people are mostly governed by the Personal
laws laid down by their religions. For example, the marriage of Hindus is governed by
Personal laws like the Hindu Marriage Act, 1955 while Muslim marriages are governed
by the Muslim personal law based on a Muslim customary law which is largely un-
codified.
(b) Property Law: This branch of law deals with the ownership of immovable and
movable properties. For example, the Transfer of Property Act, 1882, deals with
transfer of immovable property, whereas the Sales of Goods Act, 1930, deals with
movable property.
(c) Law of Obligations: This branch of the law pertains to an area where a person is
required to do something because of his promise, contract or law. It puts an obligation
on the person to perform certain actions which generally arise as a consequence of an
enforceable promise or agreement. If someone violates his promise, that promise may
be enforced in a court of law. According to the Indian Contract Act, 1872, a contract is
an agreement which is enforceable by law. In other words, a contract is an
II. Private Law
ACTIVITY:
Collect information on any one recent/ongoing case pertaining mainly to
criminal law. Make a portfolio.
Page 4
101
The classification of law is important for the correct and comprehensive understanding of the law.
The following are the benefits of classifying law:
i. Useful in understanding the interrelation of rules.
ii. Useful in the systematic arrangements of rules.
iii. Useful for the profession and students of law.
There are several ways of classifying law and the idea of classification of law is not new. Even in
ancient civilizations, the jurists were well aware of the difference between civil and criminal laws.
However, with the passage of time, many new branches have come into existence and therefore, the
old classification has become outdated. Law can be classified in many ways with respect to time and
place. However law may be broadly divided into the following two classes in terms of its usage:
i. International Law
ii. Municipal Law
These classes of law are discussed briefly hereafter.
International law is an important branch of law. It deals with those rules and regulations of
nation which are recognized and are binding upon each other through reciprocity. Many jurist
however, do not give much importance to this branch. In recent times, this branch of law has
grown manifold and has acquired increasing importance on account of globalization and other
related factors.
International law has been further classified as follows:
This branch of law relates to the body of rules and regulations which governs the
relationship between nations. Countries mutually recognise these sets of rules which are
binding on them in their transactions on a reciprocal basis.
Private international law is that part of law of the State, which deals with cases having a
foreign element. Private international law relates to the rights of private citizens of
different countries. Marriages and adoption of individuals belonging to different nations
fall within its domain.
I. INTERNATIONAL LAW
i. Public International Law
ii. Private International Law
UNIT 02: CHAPTER 2
Classification of Law
102
II. MUNICIPAL LAW
Municipal laws are basically domestic or national laws. They regulate the relationship between
the State and its citizen and determines the relationship among citizens. Municipal law can be
further classified into two segments:
Public law chiefly regulates the relationship between the State and its' subjects. It also
provides the structure and functioning of the organs of States. The three important
branches of public law are the following:
(a) Constitutional Law: Constitutional law is considered to be the basic as well as the
supreme law of the country. The nature of any State is basically determined by its
Constitution. It also provides the structure of the government. All the organs of states
derive their powers from the Constitution. Some countries, such as India, have a
written Constitution, while countries such as the United Kingdom have an 'uncodified
Constitution'. In India, the fundamental rights are granted and protected under the
Constitution.
(b) Administrative Law: Administrative law mainly deals with the powers and functions
of administrative authorities - government departments, authorities, bodies etc. It
deals with the extent of powers held by the administrative bodies and the mechanism
whereby their actions can be controlled. It also provides for legal remedies in case of
any violation of the rights of the people.
I. Public Law
Established: 1945
Jurisdiction: Worldwide, 193 member States
Location: The Hague, Netherlands
Authorizing Statute: UN Charter, ICJ Statute
Judge term: 9 years
Number of positions: 15
Current President: Justice Peter Tomka
Indian Member: Justice Dalveer Bhandari
Website: www.icj-cij.org
International Court of Justice,
Hague, Netherlands
Source:
http://en.wikipedia.org/wiki/File:Inter
national_Court_of_Justice.jpg
103
(c) Criminal Law: Criminal law generally deals with acts which are prohibited by law and
defines the prohibited act as an offence. It also prescribes punishments for criminal
offences. Criminal law is very important for maintaining order in the society, and for
maintaining peace. It is considered a part of public law, as crime is not only against the
individual but against the whole society. Indian Penal Code, 1860 (also known as IPC) is
an example of a criminal law legislation, in which different kinds of offences are
defined and punishments prescribed.
This branch of law defines, regulates, governs and enforces relationships between
individuals and associations and corporations. In other words, this branch of law deals with
the definition, regulation and enforcement of mutual rights and duties of individuals. The
state intervenes through its judicial organs (e.g. courts) to settle the dispute between the
parties. Private or Civil law confers civil rights which are administered and adjudicated by
civil courts. Much of the life of a society is regulated by this set of private laws or civil
rights. This branch of law can be further classified into the following:
(a) Personal Law: It is a branch of law related to marriage, divorce and succession
(inheritance). These laws are based on religion, ritual and customs of marriage,
divorce, and inheritance. In such matters, people are mostly governed by the Personal
laws laid down by their religions. For example, the marriage of Hindus is governed by
Personal laws like the Hindu Marriage Act, 1955 while Muslim marriages are governed
by the Muslim personal law based on a Muslim customary law which is largely un-
codified.
(b) Property Law: This branch of law deals with the ownership of immovable and
movable properties. For example, the Transfer of Property Act, 1882, deals with
transfer of immovable property, whereas the Sales of Goods Act, 1930, deals with
movable property.
(c) Law of Obligations: This branch of the law pertains to an area where a person is
required to do something because of his promise, contract or law. It puts an obligation
on the person to perform certain actions which generally arise as a consequence of an
enforceable promise or agreement. If someone violates his promise, that promise may
be enforced in a court of law. According to the Indian Contract Act, 1872, a contract is
an agreement which is enforceable by law. In other words, a contract is an
II. Private Law
ACTIVITY:
Collect information on any one recent/ongoing case pertaining mainly to
criminal law. Make a portfolio.
104
agreement with specific terms between two or more persons in which there is a
promise to do something in lieu of a valuable profit which is known as consideration.
For example,'A' has offered his mobile phone to 'B' for Rs.15,000. 'B' agreed to
purchase the same. This has created a legal relationship" both have made a promise
which is enforceable by law.
A valid contract should have the following elements:
Law of Torts: Tort is a civil wrong. This branch of law creates and provides remedies for civil
wrongs that do not arise out of contractual duties. A tort deals with negligence cases as well as
intentional wrongs which cause harm. An aggrieved person may use Law of Tort to claim damages
from someone who has caused the wrong or legal injury to him/ her. Torts cover intentional acts
and accidents.
For instance, if 'A' throws a stone and it hits another person namely 'B' on the head, 'B' may sue 'A"
for the injury caused by the accident.
LAW OF OBLIGATIONS: LAW OF CONTRACTS
a) An offer
b) An acceptance of that offer which results in a meeting of the minds
c) A promise to perform
d) A valuable and legal consideration (which can be a promise or payment in some
form)
e) A time or event when performance must be made (meet commitments)
f) Terms and conditions for performance, including fulfilling promises
g) Performance
ACTIVITY:
Discuss examples concerning law of obligations and law of torts from everyday life.
Page 5
101
The classification of law is important for the correct and comprehensive understanding of the law.
The following are the benefits of classifying law:
i. Useful in understanding the interrelation of rules.
ii. Useful in the systematic arrangements of rules.
iii. Useful for the profession and students of law.
There are several ways of classifying law and the idea of classification of law is not new. Even in
ancient civilizations, the jurists were well aware of the difference between civil and criminal laws.
However, with the passage of time, many new branches have come into existence and therefore, the
old classification has become outdated. Law can be classified in many ways with respect to time and
place. However law may be broadly divided into the following two classes in terms of its usage:
i. International Law
ii. Municipal Law
These classes of law are discussed briefly hereafter.
International law is an important branch of law. It deals with those rules and regulations of
nation which are recognized and are binding upon each other through reciprocity. Many jurist
however, do not give much importance to this branch. In recent times, this branch of law has
grown manifold and has acquired increasing importance on account of globalization and other
related factors.
International law has been further classified as follows:
This branch of law relates to the body of rules and regulations which governs the
relationship between nations. Countries mutually recognise these sets of rules which are
binding on them in their transactions on a reciprocal basis.
Private international law is that part of law of the State, which deals with cases having a
foreign element. Private international law relates to the rights of private citizens of
different countries. Marriages and adoption of individuals belonging to different nations
fall within its domain.
I. INTERNATIONAL LAW
i. Public International Law
ii. Private International Law
UNIT 02: CHAPTER 2
Classification of Law
102
II. MUNICIPAL LAW
Municipal laws are basically domestic or national laws. They regulate the relationship between
the State and its citizen and determines the relationship among citizens. Municipal law can be
further classified into two segments:
Public law chiefly regulates the relationship between the State and its' subjects. It also
provides the structure and functioning of the organs of States. The three important
branches of public law are the following:
(a) Constitutional Law: Constitutional law is considered to be the basic as well as the
supreme law of the country. The nature of any State is basically determined by its
Constitution. It also provides the structure of the government. All the organs of states
derive their powers from the Constitution. Some countries, such as India, have a
written Constitution, while countries such as the United Kingdom have an 'uncodified
Constitution'. In India, the fundamental rights are granted and protected under the
Constitution.
(b) Administrative Law: Administrative law mainly deals with the powers and functions
of administrative authorities - government departments, authorities, bodies etc. It
deals with the extent of powers held by the administrative bodies and the mechanism
whereby their actions can be controlled. It also provides for legal remedies in case of
any violation of the rights of the people.
I. Public Law
Established: 1945
Jurisdiction: Worldwide, 193 member States
Location: The Hague, Netherlands
Authorizing Statute: UN Charter, ICJ Statute
Judge term: 9 years
Number of positions: 15
Current President: Justice Peter Tomka
Indian Member: Justice Dalveer Bhandari
Website: www.icj-cij.org
International Court of Justice,
Hague, Netherlands
Source:
http://en.wikipedia.org/wiki/File:Inter
national_Court_of_Justice.jpg
103
(c) Criminal Law: Criminal law generally deals with acts which are prohibited by law and
defines the prohibited act as an offence. It also prescribes punishments for criminal
offences. Criminal law is very important for maintaining order in the society, and for
maintaining peace. It is considered a part of public law, as crime is not only against the
individual but against the whole society. Indian Penal Code, 1860 (also known as IPC) is
an example of a criminal law legislation, in which different kinds of offences are
defined and punishments prescribed.
This branch of law defines, regulates, governs and enforces relationships between
individuals and associations and corporations. In other words, this branch of law deals with
the definition, regulation and enforcement of mutual rights and duties of individuals. The
state intervenes through its judicial organs (e.g. courts) to settle the dispute between the
parties. Private or Civil law confers civil rights which are administered and adjudicated by
civil courts. Much of the life of a society is regulated by this set of private laws or civil
rights. This branch of law can be further classified into the following:
(a) Personal Law: It is a branch of law related to marriage, divorce and succession
(inheritance). These laws are based on religion, ritual and customs of marriage,
divorce, and inheritance. In such matters, people are mostly governed by the Personal
laws laid down by their religions. For example, the marriage of Hindus is governed by
Personal laws like the Hindu Marriage Act, 1955 while Muslim marriages are governed
by the Muslim personal law based on a Muslim customary law which is largely un-
codified.
(b) Property Law: This branch of law deals with the ownership of immovable and
movable properties. For example, the Transfer of Property Act, 1882, deals with
transfer of immovable property, whereas the Sales of Goods Act, 1930, deals with
movable property.
(c) Law of Obligations: This branch of the law pertains to an area where a person is
required to do something because of his promise, contract or law. It puts an obligation
on the person to perform certain actions which generally arise as a consequence of an
enforceable promise or agreement. If someone violates his promise, that promise may
be enforced in a court of law. According to the Indian Contract Act, 1872, a contract is
an agreement which is enforceable by law. In other words, a contract is an
II. Private Law
ACTIVITY:
Collect information on any one recent/ongoing case pertaining mainly to
criminal law. Make a portfolio.
104
agreement with specific terms between two or more persons in which there is a
promise to do something in lieu of a valuable profit which is known as consideration.
For example,'A' has offered his mobile phone to 'B' for Rs.15,000. 'B' agreed to
purchase the same. This has created a legal relationship" both have made a promise
which is enforceable by law.
A valid contract should have the following elements:
Law of Torts: Tort is a civil wrong. This branch of law creates and provides remedies for civil
wrongs that do not arise out of contractual duties. A tort deals with negligence cases as well as
intentional wrongs which cause harm. An aggrieved person may use Law of Tort to claim damages
from someone who has caused the wrong or legal injury to him/ her. Torts cover intentional acts
and accidents.
For instance, if 'A' throws a stone and it hits another person namely 'B' on the head, 'B' may sue 'A"
for the injury caused by the accident.
LAW OF OBLIGATIONS: LAW OF CONTRACTS
a) An offer
b) An acceptance of that offer which results in a meeting of the minds
c) A promise to perform
d) A valuable and legal consideration (which can be a promise or payment in some
form)
e) A time or event when performance must be made (meet commitments)
f) Terms and conditions for performance, including fulfilling promises
g) Performance
ACTIVITY:
Discuss examples concerning law of obligations and law of torts from everyday life.
105
The classification, provided is not an exhaustive and conclusive one. It is just an attempt to develop a
basic understanding of the classification of law. With the passage of time, many new branches of law
have emerged and there is always scope for revising and classifying laws based on the new
developments in the field of law.
CLASSIFICATION OF LAW
(Please present this flowchart in landscape mode)
Constitutional law
Administrative law
Criminal law
Personal law
Property law
Contract Law/Law of
Torts
INTERNATIONAL LAW MUNICIPAL LAW
LAW
PUBLIC
INTERNATIONAL LAW
PRIVATE
INTERNATIONAL LAW
PUBLIC LAW PRIVATE LAW
Read More