Kinds and Classifications of Law

Law Hub Nepal श्रावण १९, २०७७

Kinds and Classifications Of Law

There are various kinds of law. Salmond has described the following kinds of law :

1. Positive law : The chief advocate of positive law is John Austin who defines law as a command of sovereign which must be followed by person. If anyone doesn’t follow this law then he/she will be punished. It is also called imperative law. Imperative law means a type of law which is enacted and imposed by the sovereign political authority.

2. Physical and Scientific law : Physical law or the law of sciences are expression of uniformities of nature general principles expressing the regularity and harmony observed in the activities and operations of the universe. Physical law are also knows as law of nature and natural as. E.g rule of motion, rule of gravity, rule of heat etc.

3. Natural and Moral law : Natural law or moral law is meat the principles of natural right and wrong and follows the rules of natural justice. It is also called divine law, law of reasons, universal law and eternal law etc.

4. Conventional law : Conventional law means any law or rules agreed by two or more person to perform certain duties towards each others. It is a contract between a numbers of parties that each parties are bounded by it. E.g. the law of cricket and law of any game or the law of contract.

5. Customary law : The law which is developed from custom is called customary law. It means any rule of action which is followed voluntary group of people. Customary law may be differ from society to society.

6. Constitutional law : Constitutional law is a body of rules governing the relation between sovereign and his subjects. Constitutional law defines the constitution and specifies the rights , duties, function and power of the government and his organs.

7. International law : International law is the body of law principles and rules which civilized independent states consider as binding upon them in their mutual relations. International law regulations the relationship between two or more countries.

8. Practical and Technical law : Practical and Technical law consists of rules for the attainment of certain ends. These rules guide us as to what we ought to do in order to attain a certain end. E.g. the law of health , law of music etc.

9. Civil law : Civil law is the law of the state or law of the land and so on. Civil law refers to the municipal law of a particular state having the binding force.

10. Administrative law : Administrative law is law relating to administration. It determines the organisation, power and duties of administrative authorities.

Classifications of Law :

Law can be classified and sub classified in various forms. With the passes of time , different law has been made for setting new problems. The following are the classifications of law :

1. Civil and Criminal law
2. Substantive and Procedural law
3. Municipal and International law
4. Private and Public law
5. National and Foreign law

1. Civil and Criminal law
Civil law is a part of private law which defines the rights, duties and obligations of people. Civil law regulates the relation of individuals. If someone violates the rights of others people then courts made wrong doer to compensate the victims. Civil law includes family law , labor law, tort law and business law.

Criminal is the part of public law which deals with crime, offences and determines punishment. It’s aim is to prevent crime and criminal activities in the society and maintain law and order in the society. In civilized society, crime is considered as wrong to whole society that’s why it is called a branch of public law.

2. Substantive and Procedural law
Substantive law is a body of law which deals with rights, duties and obligations of people. Substantive law also defines what will be happen when someone violated substantive law.

Procedural law defines the procedure to be followed if someone’s right or duties violated. It deals with evidence and procedure of the court.

3. Municipal law and International law
Municipal law is a body of law applicable within a state. It includes constitution, codes , statutes and precedent. It is made for maintaining good relation and harmony between the citizen of country.

International law is a law which is binding over all country of the world. International law and rules are recognised by many country to be bound with them. International convention and treaties are some examples of international law.

4. Private and Public law
The law which deals with individuals and their relation only is called private law. It deals with individuals to individuals only, not to the state. Family law , Conventional law are examples of private law.

The law which deals with the structure and function of government is called public law. It deals the relation between individuals to individuals and individuals to state. Breach of public law is considered as crime. Constitutional law, administrative law and Criminal law are examples of public law.

5. National and Foreign law
The law of a particular nation is called national law. It is also called domestic law. It is binding in nature. The laws of Nepal are examples of national law for us.

The law of foreign country is called foreign law. It is historical in nature. The laws of India, Japan and China are examples of foreign law for Nepal.

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In this context, Anish Tiwari, a Law student, has prepared above material for the frequently asked question in the subjective examination like – (Describe kinds and classification of Law.) Tiwari has prepared it on the basis of  various study materials. – Editor)

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