Classifications Of Law PDF

Chapter Three Classifications of Law  Objectives  Understanding the concept and purpose Classification Defects  Classification of law refers to the systematization of the law based on subject matter  Hence, grouping laws based on various respects taking some c...

Chapter Three Classifications of Law  Objectives  Understanding the concept and purpose Classification Defects  Classification of law refers to the systematization of the law based on subject matter  Hence, grouping laws based on various respects taking some commonalities into account.  Purposes of The Classification To simplify law making process (it helps the legislature to conduct its deliberations in specific areas of law) To make the work of state organs efficient and easy (the work of the executive and the judiciary will be efficient …..because they can easily pick up the provision of the law). To simplify the study of law To conduct research  Cont’d  For a scientific and systematic study of law, the law can be classified into: – Public Vs Private law – International Vs Domestic law – Civil Vs Criminal law – Substantive Vs Procedural law  I) Public Vs Private Law  Public law is a branch of law that governs the relationship between state organs, and between state and private citizens.  E.g. The Constitution, the Criminal Law, Tax law, Administrative Law  Private law is the body of law that regulates the relationship between individuals. E.g. Family law, contract law, property law, agency law, commercial law, succession law, tort.  II) Domestic Vs International  International law is the principle of laws which governs the relations between countries (States) and some times States and international organizations.  It concerns about sovereignty, trade, communications, boundary disputes, use of ocean and water bodies and so on.  Customary practices, treaties and international court decisions are the basic sources of such laws.  Cont’d  National laws (Domestic Laws) are those laws applicable inside a country.  So it includes all laws within a country.  For instance, the various laws that are adopted by the government in Ethiopia are domestic laws in their nature.  III) Civil Vs Criminal Law Civil law, is a body of law that governs the interaction between private citizens (civil matters). It is similar to private laws. For instance, contractual relations, extra contractual relations, family relations, business relations…etc are civil matters in their nature and governed by civil laws. Criminal law is the part of public law that relates to the prevention of crimes and sets penalties.  IV) Substantive Vs Procedural Laws  Substantive Laws are laws (private or public) which provide rights and obligations. – Right to marry, right to vote, right to privacy…  All the laws in the Civil Code, Commercial Code, Criminal Code and other legislations do provide rights, obligations and responsibilities.  Procedural Laws- rules enforce substantive rights and obligations. Without the procedural laws, substantive rights and obligations are dead and ideal words. E.g. Civil and Criminal Procedure and evidence laws.  Defects of Classifications of Laws The dividing line between the various classifications is imprecise and unable to adapt to the complexity and diversity of contemporary social and commercial transactions. The distinction between the state and the individual, upon which the classification rests, is false because the aim of both public law and private law is to establish rules of law directed at the general interest of society.  Cont’d The classification tends to makes judges and lawyers to concentrate in one branch of law and ignore the remedies or solutions that may be available in other areas of law.