What are the main Kinds of Law?
What are the main Kinds of LAW?
Before describing the Kinds of Law it is essential to know the term Law. A law is a general rule of external action enforced by a sovereign political authority. Law is general rule, meant for all and not for any particular individual or class. It is applicable to all. It regulates external conduct of the people and has nothing to do with their thoughts and desires. It is enforceable by the state machinery of justice. Every state makes and enforces law to bring discipline in the society so the members of society can progress socially and develop economically and achieve security for future generations. Disobedience of state laws invites penalty. Law provides a framework for the protection of fundamental human rights essential for development. Law is a system of rules and guidelines which are enforced through social institutions to govern behaviour. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. The basic aims of laws of states are the preservation and protection of territorial integrity and ideological frontiers, preservation and maintenance of law and order and administration of justice within the state. The term law is derived from the German word meaning fixed or evenly. In political and legal terminology, the term law implies or means rules and regulations enforced by the state. In every modern civilized country, there are certain tenets or rules to govern or regulate the conduct and behaviour of its inhabitant. The objective of law is to bring order in the society so that members of society can progress and develop with some sort of security regarding the future.
Below mentioned are the Kinds of law.
1. National or Municipal law.
Political or positive laws made by the state are called National law also called Municipal law. All kinds of laws except international law are included in it. Law is further divided into Constitutional Law and Ordinary Law. Constitutional law is the body of laws which determines and regulates the powers and functions of the various organs of state, the relations between the Governor and the Governed and their rights. These may be written or unwritten.
2. Ordinary law. All national laws, except constitutional laws, are ordinary law. The state is both the child and the parent of law. Law is the child of Constitutional Law and the parent of ordinary law. Ordinary law defines and regulates the relations between private citizens or between a citizen and a public body or organ of State. Courts recognize only ordinary law and enforce it in their decisions.
Ordinary Law is divided into Public and Private law.
Public Law includes all the laws that regulate the relations between the state and its departments. It protects the rights of the citizens against the organs of state. Public Law is divided into Administrative and General Law. Administrative law or Droit Administratif in some states like in France is special laws and courts to try the offences of the state officials, which they have committed in the discharge of their official duties.
Private law regulates the relations among private citizens. Private Law defines their rights and duties. The state creates this law and guarantees & protects life, property and Honour of its citizens. Private law consists of civil law and its various branches, like the law of inheritance, transfer of property, contract, torts, civil procedure, etc.
General Law determines the relations of private citizens to the state. General Law is further divided into Criminal law and Criminal Procedure. Laws can also be classified according to their contents or rights. Law create, define and describe rights are called Substantive laws, Criminal and Civil laws. Laws, which provide a method of protecting rights, are called Procedural or Adjective Laws such as Criminal and Civil Procedure Codes.
3. Criminal law and procedure. The state maintain peace, harmony and order as its primary duty and function, any attack on the life, liberty and property of any citizen is regarded by state as an attack on itself. Such an attack or violation of rights of the citizens is called an offence or crime against the state. The laws, which prohibit such violations of peace and order and punish the crimes and offences, constitute the Criminal law. The method by which the state brings the offenders to book is called the Criminal Procedure.
4. Civil law and procedure. Civil law describe and protects the civil rights, such as regarding property, debts, private life, inheritance. Civil procedure lays down the method or procedure by which civil rights can be protected by the state. Statute laws are enacted by legislature.
5. International law. International law regulates inter-state dealings in the global system. It is body of principles and rules recognized as binding by the civilized states in their relations with one another. The successful implementation of Internationa law is essential for global peace and tranquility.
Law
National Law or Municipal law international law
National Law or Municipal Law
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Public Law Private Law
Public Law
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Constitutional Law Administrative Law Criminal Law
Wish you good Luck. Take care of yourself & others. Thanks
Prof Dr Qayum Mangi
Principal, College of Superior Services
Sukkur, Sindh, Pakistan.
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