Classification of Law
Classification of Law
Law is a vast system, and to understand it better, it is classified into different categories based on its nature, scope, and function. Here’s a detailed explanation:
1. Public Law vs. Private Law
Public Law:
Governs relationships between individuals and the state. It regulates how the state functions and protects the public interest.
Examples: Constitutional law, criminal law, administrative law.
Case Illustration:
Kesavananda Bharati v. State of Kerala – deals with constitutional law, a branch of public law.
Private Law:
Governs relationships between private individuals or entities. It regulates their rights and duties.
Examples: Contract law, tort law, family law.
Case Illustration:
Donoghue v. Stevenson – tort law case concerning duty of care between private parties.
2. Criminal Law vs. Civil Law
Criminal Law:
Concerned with offenses against the state or society. It punishes wrongdoers to maintain public order.
Example: Theft, murder, assault.
The prosecution is carried out by the state.
Case Illustration:
State v. XYZ (hypothetical) where the state prosecutes an accused for theft.
Civil Law:
Concerned with disputes between private parties and provides remedies like compensation.
Examples: Breach of contract, property disputes.
The affected party initiates the case.
Case Illustration:
Bashir Ahmed v. Delhi Mazdoor Union – a civil dispute about union amalgamation.
3. Substantive Law vs. Procedural Law
Substantive Law:
Defines rights and duties of individuals.
Example: Law defining what constitutes theft or breach of contract.
Case Illustration:
Donoghue v. Stevenson – established substantive duty of care.
Procedural Law:
Prescribes methods and procedures to enforce substantive rights.
Example: Rules of filing a lawsuit, evidence, appeals.
Case Illustration:
Court rulings that set procedures for trial or appeal processes.
4. Contract Law vs. Tort Law
Contract Law:
Deals with agreements between parties and their enforcement.
Example: Breach of contract cases.
Case Illustration:
A contract dispute where one party fails to deliver goods.
Tort Law:
Deals with civil wrongs causing harm or loss to others, not arising from contracts.
Example: Negligence, defamation.
Case Illustration:
Donoghue v. Stevenson – negligence tort case.
5. Civil Law System vs. Common Law System
Civil Law:
Based on codified statutes and laws enacted by legislature.
Common Law:
Based on judicial decisions and precedents.
Case Illustration:
Kesavananda Bharati – Supreme Court’s interpretation influenced by common law principles.
Summary Table
| Classification | Description | Example / Case Law |
|---|---|---|
| Public vs Private Law | State vs individual relationships | Kesavananda Bharati (Public), Donoghue (Private) |
| Criminal vs Civil Law | Crimes vs private disputes | State prosecution (Criminal), Bashir Ahmed (Civil) |
| Substantive vs Procedural | Defines rights vs enforcement methods | Donoghue (Substantive) |
| Contract vs Tort Law | Agreements vs civil wrongs | Contract breach, Donoghue (Tort) |
| Civil vs Common Law | Codified laws vs judicial precedents | Kesavananda Bharati (Common Law) |
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