Why classify laws?
A country has thousands of laws. To classify means to put things into groups by a common feature. When we know a law's group, we know who brings the case, which court hears it, and what the result can be.
There is no single fixed list. Different writers use different bases. The four most useful bases are: subject, nature, aim and scope (jurisdiction). Try it: in the 3D, watch the same box move to different bins as the basis changes.
By subject: public law and private law
Public law deals with the State: how it is organised, and how it deals with people. Examples: constitutional law (powers of parliament, courts, rights of citizens), administrative law (how government offices act), criminal law and tax law.
Private law (also called civil law in a wide sense) deals with relations between private persons: people and companies. Examples: contract law, property law, family law, law of torts (civil wrongs like negligence).
Simple test: is the government one of the sides, acting as government? Yes = public. No = private.
By nature: substantive law and procedural law
Substantive law sets the actual rights, duties and wrongs. It answers "What is allowed? What is a crime? Who owns this?" Example: a law saying theft is punishable.
Procedural law (adjective law) sets the steps to enforce those rights in court: how to file a case, give evidence, appeal, and the time limits. Examples: codes of civil procedure and criminal procedure, and the law of evidence.
Picture it as a game: substantive law is the rules of the game; procedural law is how the referee runs the match.
By aim: civil law and criminal law
| Civil law | Criminal law | |
|---|---|---|
| Who starts the case? | The person harmed (plaintiff) | The State (prosecution) |
| Aim | Remedy: compensation, an order to do or stop something | Punishment: fine, jail; protect society |
| Proof needed | More likely than not (balance of probabilities) | Beyond reasonable doubt |
| Examples | Broken contract, property dispute, divorce | Theft, assault, murder, fraud |
One act can lead to both: a drunk driver who injures someone can be prosecuted (criminal) and also sued for compensation (civil).
By scope and jurisdiction
Jurisdiction means the area or matters over which a law or court has power.
- International law: rules between countries, mostly from treaties and custom. Example: treaties on the sea, climate or human rights.
- National (municipal) law: made by a country's parliament and applies in the whole country.
- State / provincial law: in federal countries (India, the USA, Australia, Germany) states make laws on their own subjects, like police or agriculture in India.
- Local law: by-laws of cities and villages, like parking, waste or building rules.
Laws can also be grouped by source: written (enacted statutes, codified laws) and unwritten (custom, case law from judges' decisions); or as general laws (for everyone) and special or personal laws (for a group, like personal laws on marriage for different religions in India).
Key formulas and definitions
- Public law: the State is a party (constitutional, administrative, criminal, tax)
- Private law: between persons (contract, property, family, torts)
- Substantive law: rights, duties, wrongs
- Procedural law: steps to enforce rights (procedure codes, evidence)
- Civil law: remedy for the victim; criminal law: punishment by the State
- Scope: international, national (municipal), state, local
Worked examples
1. Classify the law that makes theft a crime under all four bases.
Subject: public (the State prosecutes). Nature: substantive (it defines a wrong). Aim: criminal (punishment). Scope: national (applies in the whole country).
2. Ravi buys a laptop online and it never arrives. He goes to court for his money back. Which kinds of law apply?
Contract law and consumer law give him the right (private, substantive, civil). The civil procedure code tells him how to file and run the case (procedural).
3. A city makes a rule that shops must close loud music by 10 pm. Classify it.
By scope it is local law (a by-law). By subject it is public law, because the city government regulates people. It is substantive, because it sets a duty.
Common mistakes
- Thinking a law belongs to only one group. One law is classified differently under each basis.
- Mixing up procedural and civil. Procedural is about steps; civil is about the aim (remedy). There is civil procedure and criminal procedure.
- Thinking criminal cases are started by the victim. In criminal law the State is the prosecutor; the victim is a witness.
- Calling every law made by parliament "public law". Parliament also makes private laws like contract and family laws.