Classification Of Law

 

      Law can be divided into several categories, but due to shared characteristics, they still overlap. For example, if a person is fired from a job because of an injury he sustained at work that rendered him unable to work, the solicitor will need to combine contract or labor law with tort law to build a case against the employer.

      The classification of law aids us in recognizing and comprehending the characteristics of law as well as the relationships between the various categories of law.

      The major classifications of law are as follows:

1. Substantive and procedural law

2. Municipal and international law

3. Public and private law

4. Civil and criminal law

5. Written and unwritten law

      Nevertheless each and every one of the aforementioned classification of law will be discuss herein in details

1. Substantive and procedural law

      A body of legal rules is known as substantive law when it establishes a code of conduct and establishes a penalty for breaking it. In other words it deals with all laws that defines the crime or wrong and its remedies; and determines the facts that constitute a wrong, substantive law includes constitutional law, criminal law, contract law, tort law, and so on.

      In a nutshell any law that defined an offence, the elements of the offence and the penalty for the offence is referred to as a substantive law.

      The application of substantive law is governed by procedural  law also known as adjectival law. The procedural or adjectival law specifies how a substantive law's right or duty should be carried out. The Evidence Act of 2011, the Administration of Criminal Justice Act, and others are examples procedural law in Nigeria.

      In a nutshell procedural law, are laws that establishes the court's rules and the methods for ensuring that individuals' rights (substantive laws) are protected in the legal system. Laws that govern how the court's business is conducted, in regard to substantive, thus procedural are laws that provide the procedures of the application of substantive law

2. Municipal and international law

      Municipal laws govern the interactions between individuals as well as the interactions between individuals and the state. They are laws that govern a country's internal affairs. The Nigerian Constitution, land law, taxes, civil rights law, and other municipal laws are examples.

      In a nutshell Municipal law is the local enactment (internal enactment) made by the legislative body of sovereign state, its also referred to as as  state's national, domestic, or internal law,  thus is is the  opposed of international law.

      On the other hand International laws  also known as public international law and law of nations, is the set of rules, norms, and standards generally recognized as binding between nations in other words it govern the interactions between independent nations and international organizations. Treaties, international customs, and general principles of law recognized by civilized nations are examples of international laws.

      In a nutshell international law is a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.

      It is noteworthy that By virtue of Section 12 of the 1999 constitution (as amended), an international treaty cannot have the force of law except it is enacted by the Nigerian National Assembly.

3. Public and private law

      The protection of the state and its citizens is the subject of public law. It regulates the state's relationship with its citizens. It is concerned with the maintenance of social order. Constitutional law, administrative law, international law, criminal law, and other areas of public law are examples.

      In a nutshell Public law governs relationships between legal persons and the government, as well as relationships between different institutions within a state, and between different branches of government, as well as relationships between people who are directly affected by society .

      The relationship between private individuals is governed by private law. It is concerned with the safeguarding of individual rights and responsibilities. Contract law, tort law, trust law, family law, succession law, and other areas of private law are examples.

      In a nutshell Private law, such as the law of contracts or torts, is a legal system that deals with interpersonal relationships (as it is called in common law). Private law is a component of jus commune law and is an important part of the civil law legal system.

4. Civil and Criminal law

      Civil law is the branch of law that establishes the rights and responsibilities of individuals toward one another, as well as a system for compensating individuals who have been injured as a result of another's wrongful act. Contract law, tort law, land law, and family law are all examples of civil law.

      In a nutshell Civil law is concerned with disputes between individuals, organizations, or the two, in which the victim is compensated.

      While Criminal law on the other hand is a type of law that regulates crime in society to protect the interests of the state and its organs. It penalizes acts that are deemed to be harmful to society. The offender may be punished by being imprisoned, paying a fine, or both. The high court handles serious crimes like murder and armed robbery, while the magistrate court handles minor offenses like traffic violations.

      In a nutshell Criminal law is the body of law that deals with criminal offenses and their legal punishment.

      It is noteworthy that the general distinction between Criminal and Civil law is outlined in the case of Knuller V Director of Public Prosecution, Lord Diplock stated that:

        ‘’Civil liability is concerned with the relationship of one citizen to another;

          criminal liability is concerned with the relationship of citizens to society as a state.’’

5. Written and unwritten law

      Written laws are those that the legislature has formally enacted into statute. Before being signed into law by the executive, such laws are debated and scrutinized at various stages. They are usually found in multiple documents and go by various names in different jurisdictions, such as code, edicts, decrees, statutes, and so on. The following are some examples of written law. Nigerian Constitution of 1999 as amended, Criminal code and penal code.

      In a nutshell written law just as the name implied any legislative enactment that is in written is called written law

      Unwritten laws are laws that are not enacted by the legislature, such as case laws, and can also be referred to as undocumented laws like customary and conventional laws. The British constitution, Received English Laws, and Customary Laws, all of which are examples of unwritten laws in the Nigerian legal system, are examples of unwritten laws.

      In a nutshell an unwritten law  is law that does not have a formal existence (not written in any document) but is widely accepted and followed I.e customary law with the exception of Islamic law which is also regarded as customary law in Nigeria but it's in written (Qur'an, Hadith, Ijmas).

Conclusion

      Conclusion: Law is a broad and diverse field. There are many different types of law, as illustrated here in this article on the classification of law, each with its own focus and specialty. You may find that one type of law may fall under more than one category for instance law of tort fall under civil law at the same time fall under private law and it may as well as fall under written law, If you would like more information about any of the types of law mentioned herein, be sure to visit our website for additional resources regarding any of them.