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Classification of Law- International, Criminal, Private

 Classification of Law- International, Criminal, Private

International Law

The law of the nations of the 18th century was classified as international law by Bentham. It consists of the rule which regulates relations between state.

International Law has evolved a Lot in previous years. Earlier there was even a doubt that whether the even international law is a law or not? Austin supported that international law was not a law as it lacked many elements of the law. Then comes jurists who believed that international law is a law and in fact a much superior law than municipal law. Kelson was one such jurist.

Now there is no doubt, and most of the system has recognized international law as a proper law and it is assuming more and more important as its scope is widening.

International law has been incorporated in national law by various countries such as the USA has declared that all the international law will be part of the law of the nation. The even UK has incorporated in their municipal laws and whenever there is a conflict between international law and municipal law courts will have to take a decision taking into consideration harmonious construction between them. India has also incorporated international law into their municipal law. Article 51 of the constitution talks about the same.

International law can be classified as given below

1. Customary International law: these are rules that have been practiced from time immemorial between nations such as the law of the sea.

2. Treaty Law: These are the rules made by the treaties between two or more countries.

Further, it can also be classified as

1. Public international law: these are rules which govern the conduct and relations of state with others.

2. Private international law: It includes rules and principles according to which the cases having foreign elements are decided. For eg. There is a contract between a person from India and USA, it will be decided by the private international law whenever the dispute arises.

Criminal Law:

What we call criminal law broadly refers to federal and state laws that make certain behavior illegal and punishable by imprisonment and/or fines. Our legal system is largely comprised of two different types of cases: civil and criminal. Civil cases are disputes between people regarding the legal duties and responsibilities they owe each other. Criminal cases, meanwhile, are charges pursued by prosecutors for violations of criminal statutes. Criminal law defines crime and describes punishment for them. It is necessary for the maintenance of law and order in the society.

It aims at prevention of crime and punishment of the wrongdoer. In a civilized society, crime is always considered to be a crime against the state and not only individual and that is why the state is always a party in a criminal proceeding and that is why it comes under public law. it includes felonies and misdemeanours. The standard of proof for crimes is “beyond a reasonable doubt.” Criminal law is governed by Indian Penal Code, Crpc, evidence Act etc.

Private Law

By ‘Private Person’ it is meant an individual, or a group of person, is a unit of state but in no matter represents a state.  The province of private law is the adjustment of relation, between person and person. Parties to a case may be a natural or artificial person, and state just acts as an arbitrator through courts. It does not mean that state regulates all the matters of the dispute between individual, it only regulates those matters which are considered to be of public importance.

Further classification of Private law is as follow

1. The law of the person

2. The law of property


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