Wednesday, December 4, 2013

Classification of Law

Classification of Law

1)   Public V/s Private:
Public law is a theory of law that governs the relationship between the state and the individual, who is considered to be either a company or a citizen. Public law covers three sub-divisions:-
a) Constitutional Law covers the different branches of the state: Executive, Legislative & Judiciary.
b) Administrative Law regulates international trade, manufacturing, pollution, taxation, and the like.
c) Criminal Law involves state imposed sanctions for individuals or companies in order to achieve justice and social order.
Private Law is also known as Civil Law. It involves relationships between individuals, or private relationships between citizens and companies. It covers the Law of Obligation and the Law of Torts, which is defined as follows: Firstly, the Law of Obligation organizes and regulates legal relations between individuals under contract; secondly, the Law of Torts addresses and remedies issues for civil wrongs, not arising from any contractual obligation.

Public Law is simply distinguished from private law as a law involving the state. Private Law is a private bill enacted into law. It targets individuals or corporations, unlike public law, which has a broader scope, and affects the general public.

Summary:
1) Public Law governs the individual, citizen or corporation, and the state, while private law applies to individuals.
2) Public Law deals with a greater scope, while private law deals with a more specific scope
3) Public Law deals more with issues that affect the general public or the state itself, whereas, private law focuses more on issues affecting private individuals, or corporations.
2)  Substantive V/s Procedural Law:
When you say substantive law, it actually refers to the written or statutory which governs the relationship between people, or between people and the state. Procedural Law, on the other hand, is the set of rules followed when a court is hearing a case so it basically dictates what will happen during a civil or criminal proceeding.
In lawman’s terms, substantive law defines how the facts in a case will be handled, as well as how a particular case is to be charged. As the name implies, it’s the ‘substance’ of the case that is being handled.
Meanwhile, procedural law is the step-by-step process that the case will go through. For example, procedural law will dictate whether a case will go into a trial or not. Other distinct difference between the two is that procedural law cannot function independently, while substantive laws can. Procedural law does not necessarily decide the fate of a case, while substantive law does. Substantive Law is also the branch of law which decides who wins the case, and the compensation to be received.
Procedural Law can be applied to non-legal contexts, but substantive law cannot. Finally, procedural law is more about how the law will be executed, while substantive law provides the legal solution to a case.

Summary:
à Substantive Law is about the definition of people’s rights, duties and power; while procedural law is about prescribing the form and order by which the law will be enforced.
à Substantive Law defines how the facts in a case will be handled, while procedural law defines the step-by-step process that the case will go through.
à Substantive Law cannot be applied to non-legal contexts, while procedural law can be.


3)  Municipal V/s International Law:
International law governs the relation of sovereign independent states inter  and constitutes a legal system the rules of which it is incumbent upon all states to observe. Municipal law also known as state law or national law is the law of state or a country. International law regulates the behaviour of states whereas national law the behaviour of individuals. International law concerns with the external relations of the states and its foreign affairs. Municipal law concerns with the internal relations of states o and its domestic affairs.
International law is a law between equal sovereign states in which no one is supreme to the other but municipal laws the w law of the sovereign over the individuals subject to the sovereign rule. Whether international law is a law or not is a debatable question and this debate is continued whereas municipal law is a law in a real sense and there is no doubt about it.
However international law and municipal law relates to each other and some justice considers that both from a unity being manifestation of single conception of law while others say that international law constitutes an independent system of law essentially different from the municipal Law.
Thus there are two theories knows as monastic and dualistic. According to monastic and the same thing. The origin and sources of these two laws are the same, both spheres of law simultaneously regulate the conduct of individuals and the two systems are in their essence groups of commands which bind the subjects of the law independently of their will.
According to dualistic theory international law and municipal law are separate and self-contained to the extent to which rules of one are not expressly tacitly received into the other system. The two are separate bodies of legal norms emerging in part from different sources comprising different difference subjects and having application to different objects.

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