Scribd Logo
Upload

Welcome to Scribd!

  • 10 views

    Classification of Law

    Uploaded by

    st62452

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd

    Classification of Law

    Uploaded by

    st62452
    10 views13 pages

    Copyright

    © © All Rights Reserved

    Available Formats

    PPTX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    10 views13 pages

    Classification of Law

    Uploaded by

    st62452

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 13

    University Institute of Legal Studies

    JURISPRUDENCE- CONCEPT OF LAW


    21LCT114

    Classification of Law DISCOVER . LEARN . EMPOWER


    INTRODUCTION

    Etymological meaning of classification is “the process


    of putting something into category” or the basic
    process of arranging into classes or categories. For a
    proper and logical understanding of law its
    classification becomes necessary.
    Classification of Law
    Notion of classification is very old. Classification was
    first made by Roman Jurists. The ancient Hindu Jurists
    also laid down eighteen titles or heads of “Vyavahara”
    civil law. The distinguished civil and criminal law and
    classified crime law under various heads.
    It’s not possible to discuss the classifications
    given by various Jurists, only a General
    Classification shall be given which has been
    adopted by most of Jurists of the modern times.
    Classification of Law

    1. International Law, and


    2. Municipal or National law

    International law:- The Present form of


    international law is of recent origin some earlier
    Jurist were of the view that the international law is
    not law as it lacked many elements which law
    should have. Austin and his supporters were of this
    view. Some says international law is law and it is
    superior to the municipal law Kelson supports this
    view.
    What is International Law?
    The legal Process that concerns legal relations among
    nations is called international law. Belief and experience
    some form international law dates from at least the days of
    the Roman Empire.
    The united nation is are of the Primary mechanism that
    articulate and create international law.
    The major sources of international law are multilateral
    Treaties, international custom and such General Principles as
    are recognized by civilized nations.
    The Municipal law, Law of land, Civil law, or law
    applied within a State is divided into two
    classes:-

    1. PUBLIC LAW
    2. PRIVATE LAW
    1. PUBLIC LAW
    The State activities are largely regulated by Public law. It
    determines and regulates the organization and functioning of
    the State and determines the relation of the State with the
    subject. public law may be divided into three classes:-
    (A) Constitutional law- It is above and superior to the
    Ordinary law of the land. Constitutional law is the basic law or
    fundamental law of the State. The constitutional law may be
    written as in India or unwritten as in England. In modern times
    there is tendency to adopt written constitution.
    (B) Administrative law- The parties in such cases
    are private individuals and the State through its
    judicial organ adjudicates the matters in dispute
    between them. But it does not mean that the State
    regulates all the conducts and relations of the
    citizens but regulates only such of them as are of
    public importance and these relations (which State
    regulates) constitute the civil rights of the citizens.
    The major part of municipal law consists of this
    branch of law but in Totalitarian States the public
    law regulates the major part of the social life.
    (C) Criminal law- Its aim is the prevention of and
    punishment for offences. Criminal law is necessary
    for the maintenance of order and peace within the
    State. In civilized societies crime is considered to be
    wrong not only against the individual (who has been
    wronged) but a wrong against the society. Therefore,
    the State initiates the proceedings against the
    offender, and thus it is always a party in criminal
    cases. This is why the criminal law is considered as a
    branch of public law.
    2. PRIVATE LAW- In the Classification of private law
    there is great difficulty. Different Jurists have given
    different classification, a very General classification is
    as follows:-
    1.The law of Persons
    2.The law of Property
    3.The law of obligations
    4.The conflict of laws
    The law of obligations is divided into three classes.
    5.(i) Contract
    6.(ii) Quasi contract, and
    7.(iii) Tort
    The classification is only substantive law. The
    Conclusion
    Above classification defective: - The above
    classification of law has many defects. Many of the
    classes do not exist in many legal system at all
    some branches of law which has developed in
    recent years cannot be put under any one class
    exclusively.
    Therefore, the above classification is neither
    universal nor exhaustive. Many other Jurists have
    made classifications based on different principles.
    But these too have been made keeping in view the
    law of a particular nation; therefore, they are not
    satisfactory and have no wide application.
    THANK YOU

    You might also like