Kinds of Law in Jurisprudence
Kinds of Law in Jurisprudence have been discussed in this article. Before that let's see what is the meaning of the law?
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Law is used in different senses. Generally, the word "Law" is defined as rules and regulations.
Blackstone defined the term law as, "Law in its most general and comprehensive sense signifies a rule of action and is applied indiscriminately to all kinds of action, whether animate, rational or irrational."
Kinds of Law in Jurisprudence by Sir John Salmond
Kinds of law in jurisprudence are defined by Sir John Salmond. There are eight kinds of law in jurisprudence, these are;
- Imperative Laws
- Physical or Scientific Laws
- Practical or Technical Laws
- Natural or Moral Laws
- Conventional Law
- Customary Laws
- International Laws
- Civil Law or Municipal Law
Imperative laws
Imperative law is one of the kinds of law in jurisprudence imperative law means a rule of action imposed upon by another authority that enforces obedience to it. In simple words, the imperative law is a command enforced by a superior authority to the inferior authority either physically or in any other form of compulsion.
Kinds of Imperative Laws
In jurisprudence, two kinds of imperative law is divine laws and human laws.
Divine Laws - divine laws are the laws that consist of the commands imposed by God upon men either by way of threats of punishment for any wrong or by the hope of blessings of God.
Human Laws - Sir John Salmond classifieds human laws into four categories and these are;
- Imperative law is imposed and enforced by the state and is known as "Civil Law."
- When the imperative laws are imposed and enforced by the members of the society known as "Moral Laws."
- When the imperative laws are imposed and enforced by different institutions or autonomous authorities like universities airlines companies etc they are called "Autonomic Laws."
- When the imperative law is imposed upon the State by the society of that State is called "International Law".
Physical or Scientific Laws
Physical or scientific laws are the expressions of the uniformities of nature and general principles expressing the regularity and harmony observable in the activities and operations of the universe.
Therefore these physical or scientific laws are not the creation of men and cannot be changed by men. The human lot may change from time to time and from country to country when there is a change in human conduct but the physical laws are invariable forever and these laws never change.
Practical or Technical Laws
Practical or technical laws consist of the principles and rules for the attainment of certain ends for example laws of health laws of architecture etc. Furthermore, these rules guide us as to what we ought to do to attain certain ends.
Natural or Moral Laws
Natural or moral laws have various meanings in jurisprudence. The various other names of natural laws are given below;
Natural Laws - Natural laws are the principles of natural right and wrong that is the principles of natural justice.
Divine law - Divine law means commands of God imposed upon men.
Law of Reason - The law of region means being established by that reason by which the world is governed.
Unwritten Law - The unwritten law is nowhere written but followed by the people for a long time which is universal or common law.
Moral Law - Moral law is the expression of the principles of morality.
Eternal Law - Eternal law is uncreated and invariable.
Conventional Law
Conventional laws are the body of rules and regulations which agreed upon and followed by the concerned parties to regulate their mutual conduct in society. Furthermore, conventional laws are the form of special laws and laws made for the parties further which can be made valid or enforced through the agreement between the parties.
For example, the conventional laws are the example of International Laws, laws of cricket or any other game, rules of clubs, etc.
The conventional laws are divided into two categories, these are;
- The rules are enforced by the parties themselves but not recognized by the state for example the rules of hockey.
- The rules that are made for people and recognized and enforced by the state for example contracts.
Customary Law
Customary laws are the rules and regulations of customs and traditions that are habitually followed by the society subject to them is the belief in binding nature.
The customary laws are defined by the Salmod as " any rules of action which are actually observed by mail when a custom is firmly established it is enforced by the authority of the state. Custom is not the law by itself but an important source of law only those customs acquired the force of lock which is recognized by the courts.
International Law
International laws are defined by the Jurist Hughes as, " international law is the body of principles rules, and regulations in which civilized states consider as binding upon them in their mutual relations."
International law is also known as the body of customary and conventional rules which are considered legally binding by the civilized states in their intercourse with each other.
Further international law can be divided into two categories Public International Law and Private International Law.
Civil Law or Municipal Law
Civil law has been defined by jurist Salomon as "the law of a state or the law of the land and the law of lawyers and the law of the courts." therefore civil law is the law of the states regarding the land.
Civil law is the law of the land which can be stated as the positive law which means the law as it exists.
Civil law is different from special laws, civil law applies only in special circumstances the other term used for civil law is "Municipal Law."
Frequently Asked Questions
What are types of law in jurisprudence?
Kinds of law in jurisprudence are defined by Sir John Salmond. There are eight kinds of law in jurisprudence, these are; 1. Imperative Laws 2. Physical or Scientific Laws 3. Practical or Technical Laws 4. Natural or Moral Laws 5. Conventional Law 6. Customary Laws 7. International Laws 8. Civil Law or Municipal Law
What is law and what are the kinds of law?
The scope of law can be divided into two domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organizations in areas such as contracts, property, torts/delicts, and commercial law.
Conclusion
Kinds of Law in Jurisprudence have been discussed in this article. The law in jurisprudence is a most general and comprehensive sense that signifies a rule of action and is applied indiscriminately to all kinds of action, whether animate, rational, or irrational.
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