Classification of Law

Kinds of Law Unit-3

Municipal Law and International Law

International Law • Public international law (or the law of nations) is a  body of customary or conventional rules which are considered as legal binding by civilized states in their intercourse with each other and is concerned solely with the rights and obligations of sovereign states. • Private international law (or the conflict of laws) may be defined as the rules voluntarily chosen by a given state for the decision of cases which have a ‘foreign’ element or complexion.

• Thus, where two Englishmen make a contract in Portugal for the sale of goods situated in Lisbon, payment to be made in London, an English court would certainly recognize and apply Portuguese law as far as it affected the validity of the contract. • The private international law forms part of municipal laws of a state and is meant for purpose of deciding weather a given case involving “foreign’ element (it shall be adjudicated upon by its own domestic laws or by laws of some other state; and (ii) shall be subject of its courts of some other state.

• Thus private international law deals with cases in which some relevant fact has a geographical connection with a foreign country and may on that ground raise a question as to the application of Indian or some other appropriate foreign law to they determination of the issue or as to the exercise of jurisdiction by Indian or foreign courts.

• The public international law is concerned solely with rules concerning the rights and obligation of the states (i.e. countries) interest. Whereas, generally, speaking individuals and their dealings are the sole concerns of private international law.

•   Procedural law comprises the set of rules that govern the proceedings of the court in criminal lawsuits as well as civil and administrative proceedings. The court needs to conform to the standards setup by  procedural law, while during the  proceedings.

•   Substantive law is a statutory law that deals with the legal relationship between  people or the people and the state. Therefore, substantive law defines the rights and duties of the people, but procedural law lays down the rules with the help of which they are enforced. The differences between the two need to be studied in greater detail, for better understanding.

Comparison •   Procedural Law • Elaborates on the steps which the case passes through •  No independent  powers • Creates the machinery for the enforcement of law

•  Substantive Law • Deals with the structure and facts of the case • Independent powers to decide the fate of a case • Defines the rights and duties of citizens

• The public law is that branch of law which determines and regulates the organization and functioning of states (country). Also it regulates the relation of the state (country) with its subjects. • Public law includes (i) constitutional law, (ii) Administrative law (iii) criminal law, (iv) municipal law (v) international law; criminal law is enforced on behalf of or in the name of the state.

• On the other hand, private law is that branch of the law which regulates those of the relation of the citizens with one another as are not of public importance .In this sense the state, through its judicial organs, adjudicates the matters in dispute between them.

• In other words, it is primarily concerned with the rights and duties of individuals to each other .under it, the legal action is begun by the private citizens to establish rights (In which the state is not primarily concerned) against another citizens or a group of citizens. Private law includes, (i) Law of contract (ii) Law of tort (iii) Law of  property (iv) Law of succession, (v) family laws. Private law is sometimes, referred to as civil law. In the case of private law the role of the state is merely to recognize and enforce the relevant law.

• 1.Public law governs the individual, citizen or corporation, and the state, while private law applies to individuals. • 2. Public law deals with a greater scope, while  private law deals with a more specific scope. • 3. Public law deals more with issues that affect the general public or the state itself, whereas, private law focuses more on issues affecting private individuals, or corporations.