CLASSIFICATION OF LAW
"Law is the rule whereby the invisible borderline is fixed within which the being and activity of each individual obtains a secure and free space."
Holland's Classification
Holland divided law into Municipal Law and International aw. Municipal Law is the law applicable to individuals and groups thin the State. International law deals with the conduct of the tate towards another State. The Municipal law has been further sub-divided into public law and private law. Private law regulates the relation of the State and the individual. Under public law the state is one of the parties to the right created by the law.
Salmond's Classification
Salmond has classified law in its widest sense as follows :—
(1) Imperative law.—
Imperative law means any positive law or rules of conduct or behaviour imposed by any ruler, legislature, State, institution or body of person. If a person commits any breach of imperative law he will have to undergo some dufferings which is known as sanction.
(2) Physical or scientific law.—
Physical law or the laws of science are expressions of the uniformities of nature-general principles expressing the regularity and harmony observable in the activities and operations of the universe.
(3) Natural law.—
Natural law consists of the principles of natural right or wrong or the principles of justice in its wider sense. It is based on moral or religious grounds.
(4) Conventional law.—
Conventional law is law based on convention, that is to say, something arising out of an agreement between the parties or a rule made by an institution.
(5) Customary law.—
Customary law comprises the reasonable customs and usages observed as a right from memorial antiquity by a particular family or by society as a hole.
(6) Practical or Technical law.—
Practical or technical law imports the rules of technique or art to be followed in a particular occupation, work, business or achievement, to procure successful or desired results.
(7) International law.—
International law is an aggregate of rules and regulations recognised and accepted by civilised States in their relations with each other.
(8) Civil law.—
"Civil law is the law of the State, the law of the land, the law of the lawyers and law courts." Civil law is again sub-divided as public law and private law.
Public law is such part of the civil law as deals with the Constitution and working of the State, the functioning of its various departments, and the relations between the State and its citizens. Public law consists of constitutional law, administrative law and criminal law.
Maclver's Classification
Professor Maclver has given the classification of law in the following manner.
Political law has been divided into two—
(i) National Law
(ii) International Law.
●National Law -
National Law is again sub-divided as :
(i) Constitutional Law and Ordinary Law.
Ordinary law is the law relating to the individuals.
Ordinary Law may be of two types—
(i) Public Law
(ii) Private Law.
Public Law can be sub-divided as : (i) Administrative Law
(ii) General Law.
Public law regulates the relationship between individual and State. Private law deals with relations among individuals.
Administrative law deals with relation of officials with the State. A general law tells us about the-relationship between a private citizen and the State.
Constitutional law deals with the structure of the State and defines the nature and scope of Governmental authority.
Private law deals with relations among individuals. Both the parties concerned in private law are private individuals.
International law is concerned with the relations between one State and another in times of peace and war. The international law has been sub-divided as :
(i) public
(ii) private.
●International Law
Every State is independent and sovereign. However, the relations between these States need to be regulated. The rules and regulations which are observed by civilised States in their dealings are called International Law. International Law has been variously defined by political thinkers.
In the words of Wheaton, International Laws are "those rules of conduct which reason deduces as consonant to justice from the nature of the society existing among independent nations, with such modifications and definitions as may be established by general consent."
Lawrence defines the International Law as "the rules which determine the conduct of the general body of civilised States in their mutual dealings."
According to Oppenheim, "The law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilised States in their intercourse with each other."
Sir Cecil Hurst states that international law is "the aggregate of the rules which determine the rights which one State is entitled claim on behalf of itself or its nationals against another State."
International law is divided into Private International Law d Public International Law. The private international law is concerned with relations among individuals and States whereas public international law tells us about relations among various states.
The sources of international law are: international customs,
ternational treaties,
general principles of law recognised by civilised countries,
judicial decisions and writings of eminent thinkers on international law.
International customs include such of those principles as are oncerned with the territory of a State, the law relating to diplomatic immunities, the doctrine of continuous voyage, etc. hich are the result of custom. In case of violation the plea of ternational custom can be successfully advocated in international law Court.
International treaties are considered to be binding on States. They deal with international waterways, ban on slave trade, international trade, etc.
It is recognised and accepted that the International Court of justice, set up in 1946 will accept the principles of law recognised by civilised States in case there do not exist international customs and treaties.
The works of eminent authors like 'War and Peace' by Grotius, Law of Nature and Nations' by Pufendorf, 'Diplomatic Code of the law of Nations' by Liebnitz and other writings by Kent, Manning, Lawrence, Hall, etc. are regarded as great contributions in the development of international law. Their comments and alnalyzes are accepted apsp evidence in determining the meaning of law and customs.
According to John Austin, international law cannot law as there is an absence of sovereign authority to enforce it since there is no superior power for enforcing it. Since there is no determinate authority over the sovereign States, no legal sanction behind the international law and no court to interpret it, it cannot be termed law in the strict legal sense of the word. Hence, international law may be regarded as "a sort of international public opinion or customary observance, imperfectly enforced in an imperfectly organised world State." Austin described international law as "International morality." Holland called it as "Law of Courtesy."
In modern times, law is not considered as command of the sovereign but they consider it as rules of conduct to be observed by persons in their relations. Customs in many cases is as much a law as the law made by the Parliament.
Moreover, people obey laws not for fear of punishment but because it is in their own good to do so. In the light of this interpretation, international law can be regarded law. International law is a body of rules which guide the States in their mutual relations. These rules have grown out of ages and been accepted by the States as binding upon them.
There is international Court to enforce and interpret the rules of international law. The United Nations has at its disposal the power to coerce a State by enforcing even military sanctions against it. Since the sanction behind the international law is the same as that behind the municipal law, it may be regarded law in its true sense. Modern writers like Hall treat international law as law in the proper sense.
The chief reasons adduced by modern States for regarding International Law as law are :
(1) International law is more in the form of rules formulated as a result of conventions and treaties entered into by States at will.
(2) The rules embodied in International Law are in their nature not optional but compulsory. In the last resort they rest on force, although that force is exercised moo through the action of society or public opinion than through a definite authorised body.
(3) The legal qualities of international law have been proved by the fact that its rules are accepted as law by States and are appealed to as law by contesting parties.
(4) International rules have been built up by legal reasoning and are applied in a legal manner.
(5) States regard international law as binding in the larger interest of nation.
DISCLAIMER-
The person behind is a law learner and loves sharing her leaning with all. The purpose is to enlighten nation with general legal knowledge.The gist of this article is full from innumerable sources for edifying purpose.
-(Savigny)
Holland's Classification
Holland divided law into Municipal Law and International aw. Municipal Law is the law applicable to individuals and groups thin the State. International law deals with the conduct of the tate towards another State. The Municipal law has been further sub-divided into public law and private law. Private law regulates the relation of the State and the individual. Under public law the state is one of the parties to the right created by the law.
Salmond's Classification
Salmond has classified law in its widest sense as follows :—
(1) Imperative law.—
Imperative law means any positive law or rules of conduct or behaviour imposed by any ruler, legislature, State, institution or body of person. If a person commits any breach of imperative law he will have to undergo some dufferings which is known as sanction.
(2) Physical or scientific law.—
Physical law or the laws of science are expressions of the uniformities of nature-general principles expressing the regularity and harmony observable in the activities and operations of the universe.
(3) Natural law.—
Natural law consists of the principles of natural right or wrong or the principles of justice in its wider sense. It is based on moral or religious grounds.
(4) Conventional law.—
Conventional law is law based on convention, that is to say, something arising out of an agreement between the parties or a rule made by an institution.
(5) Customary law.—
Customary law comprises the reasonable customs and usages observed as a right from memorial antiquity by a particular family or by society as a hole.
(6) Practical or Technical law.—
Practical or technical law imports the rules of technique or art to be followed in a particular occupation, work, business or achievement, to procure successful or desired results.
(7) International law.—
International law is an aggregate of rules and regulations recognised and accepted by civilised States in their relations with each other.
(8) Civil law.—
"Civil law is the law of the State, the law of the land, the law of the lawyers and law courts." Civil law is again sub-divided as public law and private law.
Public law is such part of the civil law as deals with the Constitution and working of the State, the functioning of its various departments, and the relations between the State and its citizens. Public law consists of constitutional law, administrative law and criminal law.
Maclver's Classification
Professor Maclver has given the classification of law in the following manner.
Political law has been divided into two—
(i) National Law
(ii) International Law.
●National Law -
National Law is again sub-divided as :
(i) Constitutional Law and Ordinary Law.
Ordinary law is the law relating to the individuals.
Ordinary Law may be of two types—
(i) Public Law
(ii) Private Law.
Public Law can be sub-divided as : (i) Administrative Law
(ii) General Law.
Public law regulates the relationship between individual and State. Private law deals with relations among individuals.
Administrative law deals with relation of officials with the State. A general law tells us about the-relationship between a private citizen and the State.
Constitutional law deals with the structure of the State and defines the nature and scope of Governmental authority.
Private law deals with relations among individuals. Both the parties concerned in private law are private individuals.
International law is concerned with the relations between one State and another in times of peace and war. The international law has been sub-divided as :
(i) public
(ii) private.
●International Law
Every State is independent and sovereign. However, the relations between these States need to be regulated. The rules and regulations which are observed by civilised States in their dealings are called International Law. International Law has been variously defined by political thinkers.
In the words of Wheaton, International Laws are "those rules of conduct which reason deduces as consonant to justice from the nature of the society existing among independent nations, with such modifications and definitions as may be established by general consent."
Lawrence defines the International Law as "the rules which determine the conduct of the general body of civilised States in their mutual dealings."
According to Oppenheim, "The law of nations or international law is the name for the body of customary and conventional rules which are considered legally binding by civilised States in their intercourse with each other."
Sir Cecil Hurst states that international law is "the aggregate of the rules which determine the rights which one State is entitled claim on behalf of itself or its nationals against another State."
International law is divided into Private International Law d Public International Law. The private international law is concerned with relations among individuals and States whereas public international law tells us about relations among various states.
The sources of international law are: international customs,
ternational treaties,
general principles of law recognised by civilised countries,
judicial decisions and writings of eminent thinkers on international law.
International customs include such of those principles as are oncerned with the territory of a State, the law relating to diplomatic immunities, the doctrine of continuous voyage, etc. hich are the result of custom. In case of violation the plea of ternational custom can be successfully advocated in international law Court.
International treaties are considered to be binding on States. They deal with international waterways, ban on slave trade, international trade, etc.
It is recognised and accepted that the International Court of justice, set up in 1946 will accept the principles of law recognised by civilised States in case there do not exist international customs and treaties.
The works of eminent authors like 'War and Peace' by Grotius, Law of Nature and Nations' by Pufendorf, 'Diplomatic Code of the law of Nations' by Liebnitz and other writings by Kent, Manning, Lawrence, Hall, etc. are regarded as great contributions in the development of international law. Their comments and alnalyzes are accepted apsp evidence in determining the meaning of law and customs.
According to John Austin, international law cannot law as there is an absence of sovereign authority to enforce it since there is no superior power for enforcing it. Since there is no determinate authority over the sovereign States, no legal sanction behind the international law and no court to interpret it, it cannot be termed law in the strict legal sense of the word. Hence, international law may be regarded as "a sort of international public opinion or customary observance, imperfectly enforced in an imperfectly organised world State." Austin described international law as "International morality." Holland called it as "Law of Courtesy."
In modern times, law is not considered as command of the sovereign but they consider it as rules of conduct to be observed by persons in their relations. Customs in many cases is as much a law as the law made by the Parliament.
Moreover, people obey laws not for fear of punishment but because it is in their own good to do so. In the light of this interpretation, international law can be regarded law. International law is a body of rules which guide the States in their mutual relations. These rules have grown out of ages and been accepted by the States as binding upon them.
There is international Court to enforce and interpret the rules of international law. The United Nations has at its disposal the power to coerce a State by enforcing even military sanctions against it. Since the sanction behind the international law is the same as that behind the municipal law, it may be regarded law in its true sense. Modern writers like Hall treat international law as law in the proper sense.
The chief reasons adduced by modern States for regarding International Law as law are :
(1) International law is more in the form of rules formulated as a result of conventions and treaties entered into by States at will.
(2) The rules embodied in International Law are in their nature not optional but compulsory. In the last resort they rest on force, although that force is exercised moo through the action of society or public opinion than through a definite authorised body.
(3) The legal qualities of international law have been proved by the fact that its rules are accepted as law by States and are appealed to as law by contesting parties.
(4) International rules have been built up by legal reasoning and are applied in a legal manner.
(5) States regard international law as binding in the larger interest of nation.
DISCLAIMER-
The person behind is a law learner and loves sharing her leaning with all. The purpose is to enlighten nation with general legal knowledge.The gist of this article is full from innumerable sources for edifying purpose.
Comments
Post a Comment