Classification of Law | Legal Studies for Class 11 - Humanities/Arts PDF Download

Introduction

The classification of law is essential for a thorough understanding. 

The benefits of classifying law include:

i. Helping to understand the relationships between rules
ii. Assisting in the systematic organization of rules
iii. Benefiting legal professionals and students

There are various methods of classifying law, and this concept is not new. Even in ancient civilizations, jurists recognized the distinction between civil and criminal laws. Over time, many new branches have developed, rendering old classifications outdated. Law can be categorized in numerous ways, depending on time and place.

Classification of Laws Based on Subject Matter

Criminal Laws

• Any action that is deemed an offense by the laws in India falls under criminal law.
• Crimes impact society as a whole.
• In criminal cases, the state acts on behalf of the individual.
• Remedies in criminal law include imprisonment, fine, or both.
• Examples of criminal offenses are theft, murder, and rape.

Civil Laws

• Acts not classified as crimes are considered civil in nature.
• Civil matters are private and affect individuals, not society at large.
• Civil actions are initiated by the individuals involved.
• Remedies in civil law include compensation, damages, and injunctions.
• Examples of civil disputes are property disagreements and family matters.

Classification based on Scope of Law

Legislative acts are categorized into 'substantive acts' based on the subject matter of the law and 'procedural acts' based on the procedures followed by the executive and judiciary.

Substantive Laws

• Laws that specify the rights and responsibilities of an individual.
• Examples include the Consumer Protection Act and Right to Information Act.

Procedural Laws

• Laws that outline the procedures for enforcing substantive laws or initiating legal actions.
• For instance, the Code of Civil Procedure for civil cases and the Code of Criminal Procedure for criminal cases.

Amending Acts alter existing laws to reflect the evolving social, political, and economic landscape of the country.

Classification based on Jurisdiction

• International law is a significant branch of law that deals with rules and regulations recognized by nations, binding upon each other through reciprocity.
• Despite some jurists downplaying its importance, international law has grown substantially in recent times due to globalization and related factors.
• International law is classified into:

Public International Law:

• It governs the relationships between nations, with countries acknowledging and abiding by these rules in their interactions on a reciprocal basis.

Private International Law:

• It deals with cases involving a foreign element within a state's legal system, focusing on the rights of private citizens from different countries, including matters like marriages and adoptions.

Municipal Law

Municipal laws, also known as domestic or national laws, govern the relationship between the State and its citizens and establish the interactions among citizens. Municipal law is divided into two main categories:

Public law focuses on regulating the relationship between the State and its subjects and outlines the structure and operations of state institutions.

Key branches of Public Law include:

• Constitutional Law: This is viewed as the fundamental law of a nation, shaping the essence of the State. It defines the government's structure and grants powers to state organs. Nations like India have a written Constitution, while others like the United Kingdom have an unwritten Constitution. In India, fundamental rights are safeguarded by the Constitution.
• Administrative Law: Administrative law governs the powers and functions of administrative bodies such as government departments and authorities. It delineates the scope of authority held by these bodies and establishes mechanisms for overseeing their actions. Additionally, it provides legal recourse in cases where people's rights are infringed.
• Criminal Law: Criminal law pertains to acts prohibited by law, defining them as offenses and specifying punishments.
• It is crucial for societal order and tranquility, falling under public law as crimes impact society at large.
• An example includes the Indian Penal Code, 1860, which outlines various offenses and penalties.

• Private law governs relationships among individuals, associations, and corporations, addressing mutual rights and duties.
• The state intervenes through judicial bodies like courts to resolve disputes.
• Private law encompasses Personal Law, Property Law, Law of Obligations, and Law of Torts.

a. Personal Law

• Related to marriage, divorce, and inheritance, governed by religious and customary laws.
• Examples include the Hindu Marriage Act and Muslim personal law.

b. Property Law

• Addresses ownership of immovable and movable properties.
• Legislation like the Transfer of Property Act and Sales of Goods Act cover these aspects.

c. Law of Obligations

• Places obligations on individuals due to promises, contracts, or laws.
• Enforceable promises may be litigated under laws like the Indian Contract Act, 1872.

d. Law of Torts

• Covers civil wrongs outside of contracts, offering remedies for harm caused by negligence or intentional acts.
• Torts encompass intentional wrongs and accidents, enabling individuals to seek damages for legal injuries.