Skip to main content

Law and different kinds of Law

Introduction

Law is define as a set of rules, regulations and restrictions that apply to all members of society. Law define how people should behave or conduct themselves, and provide sanctions and deterrents against improper and destructive behavior. Law provide the social boundaries of a society. These boundaries is varies from country to country and culture to culture of the society. In below we will discussed the law in details and its various types of laws and kinds of rules by a sovereign. 


Definition

Law is a system of rules that are created and enforced through social or political institutions to regulate behavior of the people living in a society. 

Type of Law

Sir John Salmond ( English Jurist) refers to eight kinds of law.

  1. Imperative Law
  2. Physical or Scientific Laws
  3. Nature or Moral Laws
  4. Customary Laws
  5. Technical or Practical Laws
  6. Conventional Laws
  7. International Law
  8. Civil Law

Imperative Law

According to John Salmond : Imperative law means a rule which prescribed a general course of action imposed by some authorities which enforce it by superior power either by physical force or any other form of compulsion.
As in definition we used a term authority or authorities so we further classified imperative law into two kinds of imperative law based on authority

  1. Divine Law
  2. Human Law
Divine Law define as the Law consist of the commands imposed by God upon human beings and they are enforced by the threat of punishment in this world or in the next world.
Human Law define as the Law consist of imperative rules imposed upon men. It is man made law. We further classified human law into three types which is 

  1. Civil Law
  2. Law of Positive Morality
  3. Law of Nations

Physical or Scientific Law

According to Salmond: Physical laws or the laws of science  are expression of the uniformity of nature general principles expressing the regularity and harmony observable in the activities and operations of the universe. An example of physical laws is the law of tides. Physical laws are also called natural laws or laws of nature. They are not the creation of men and cannot be changed by them. Human laws change from time to time and country to country but physical laws are invariable and immutable for ever.

Natural Law or Moral Law

According to Salmond : By natural law or moral law is meant the principles of natural right and wrong the principles of natural justice if we use the term justice in its widest sense to include all form of rightful action. Natural law has been called divine law the law of reason, the universal or common law and eternal law.It is called the command of God imposed upon men. It is established by that reason by which the world is governed.
From time to time great writers have expressed their views on natural law or the law of nature. A reference in this connection may be made to the views of Aristotle, Cicero,  Hobbes, Grotius, Pufendorf and Blackstone.

Conventional Law

According to Salmond, conventional law means any rule or system of rules agreed upon by persons for the regulation of their conduct towards each other. It is the form of special law. It is law of the parties who subscribe to it. Examples of conventional law are the laws of cricket or any other games rules and regulations of a club or any other voluntary society.

Practical or Technical Law

Practical or Technical law consists of rules for the attainment of certain ends the laws of health the law of architecture etc. These rules guide us as to what we ought to do in order to attain a certain end, Within this category come the laws of music m laws of architecture , laws of style, etc.

Law of Nations or International Law

According to Lord Birkenhead, international law consists of rules acknowledged by the general body of civilized independent states to be binding upon them in their mutual relations. It consists of those rules which govern sovereign states in their relations and conduct towards each other.

Civil Law

According to Salmond, civil law is the law of the state or of the land, the law of lawyers and the law of courts. Civil law is the positive law of the land or the law as it exist  Like any  other law it is uniform and that uniformity is established by judicial precedents. It is noted for its constancy because without that it would be nothing but the law of jungle. It is enjoyed by the people who inhabit a particular state which commands obedience through the judicial processes.

Comments

Post a Comment

Popular posts from this blog

Codification, Kinds of Codification, Merits and Demerits of Codes in legislation process

Introductory Remarks During legislative process many terms we used in law sense like litigation, statue, ordinance, codification process and rules of interpretation of laws. In below we discussed about the terms codification and interpretation of laws in legislative terms and we define and elaborate these terms according to different jurists. English jurisprudence play vital role in codification and interpretation of laws in different sense. Definition of Codification of Law According to the Oxford Dictionary: " Code is a systematic collection of statutes, body of laws, so arranged as to avoid inconsistency and overlapping." This definition of codification is not exhaustive because it does not include common law and case law. In fact, codification is the systematic precess and reduction of the whole body of law into a code in the form of enacted law. Codification implies collection, compilation, methodical arrangement and reduction to coherent form the whole ...
9 comments
Read more

Ownership, Essential of ownership and different kinds of ownership in English jurisprudence

Introduction: The concept of ownership is one of the fundamental juristic concept common to all systems of law. This concept has been discussed by most of the writers before that of possession. However, its is pointed out that it is not the right method. Historically speaking, the idea of possession came first in the minds of people and it was later on that the idea of ownership came into existence. The  idea of ownership followed the idea of possession. In the below we will discussed the actual definition and meaning of ownership, essential of ownership and various forms of ownership. Definition and Meaning of Ownership: The right of ownership is a conception clearly easy to understand but difficult to define with exactitude. There are two main theories with regard to the idea of ownership. The great exponents of the two views are Austin and Salmond. According to one view, ownership is a relation which subsists between a person and a thing which is subject of ownership. Ac...
Post a Comment
Read more

Interpretation, Meaning and rules of interpretation of Law and general principles of interpretation of statutes

Introductory Remarks Interpretation of written legal document is fundamental to the process and practice of law. Interpretation takes place whenever the meaning of legal documents must be determined. Lawyers and judges search for meaning using various interpretive approaches. It is essential before understanding the concept of Interpretation of any legal document we must know the concept of codification and type of codification of legal document .In the below we discussed these interpretative approaches in details and discuss meaning and concept of interpretation in law and rules of interpretation in written legal documents like constitution, statutes etc.  Definition of Interpretation of Law Interpretation means the process of determining the intended meaning of  written legal document like constitution, statutes, contract, deed or will etc.  Concept of Interpretation of Law Interpretation in Law has different meaning. Indeed the word "interpret" itself mu...
22 comments
Read more