BALLB- Kinds of Law


 Law is a rule made by authority for the proper regulation of human behaviour in a society and it maintains peace and social order by regulating human actions.

According to Salmond, the law can be divided into two categories as general law and particular law. General law consists of ordinary law of land whereas special law consists of those rules which are applied only under particular conditions. From the viewpoint of Salmond, there are eight major kinds of law which are discussed individually below:

1. Imperative law=  Imperative law can be defined as those laws which are made by an authority which have sovereign political power. This law is also called positive law and it tends to be imperative and has been imposed under the state authority. Such laws have to be followed mandatorily and violations of such law will be punished. Imperative law covers a wide range of areas as administrative law and criminal law too and mainly focuses on protecting fundamental rights, and social values and preserving public order. Such a law is also known as the command of the sovereign, which has compulsion and force as a sanction.

2. Natural or Moral law=  The principles of justice and morality constitute the natural law, which is valid of necessity because the rules for human conduct are logically connected with truths concerning human nature. Natural law mainly focuses on rules of ethics and morality where they have no binding force and it is not obligatory in nature. This law mainly deals with what is right and what is wrong and it includes fair play, good manners, the right way etc. Natural law or Moral law varies according to time, place and social structure and positive law must be in conformity with this law.

3. Physical or scientific law = This law represents the uniform and continuous rules of nature. This law also represents the uniform action of human beings like sleep. The rules of natural science like rules of gravitation, motion, light, heat etc, fall under the physical or scientific law.

4. Conventional law = Conventional law is a law which has been created through the mutual agreement between the parties which is applicable for them. This kind of law is recognized as law by the convention or agreement.

5. Customary law = Those rules which are developed through a particular society and represent a rule of human conduct established by the custom or usage. Customary law varies as society varies and is observed as binding law.

6. Practical or Technical law= The set of rules observed for attaining a particular purpose like laws of health, musical composition, art, architecture etc known as technical law.

7. Civil law = Civil law also known as municipal law or national law or law of the nation of a particular state which has a binding force. This law is enacted by the legislative body and enforceable by the judiciary.

8.  International law = Those laws of the nations that deal with the states' relations, also known as the law of civilized nations. The binding force of international laws rests on the consent of the states being legally bound by the rules because they have agreed so to be bound

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