Types of Laws

Natural or Moral Laws:

• Natural laws are the belief that certain laws of morality are inherent by human nature, reason, or religious belief, and that they are ethically binding on humanity.
• Actually, it is a philosophy that is based on the idea that “right” and “wrong” are universal concepts, as mankind finds certain things to be useful and good, and other things to be bad, destructive, or evil.
• Examples: The law of reasons, the law of eternal, etc.

Scientific Laws:

• Scientific laws are statements that describe an observable occurrence (seen by everybody) in nature that appears to always be true
• Laws of natural sciences (astronomy, biology, chemistry, and physics, etc) are scientific laws. These laws are based on the uniformities of nature and general principles expressing the regularity and harmony observable in the activities and operations of the universe
• They are not the creation of men and cannot be changed by them.
• Examples: The law of gravitation, laws of planetary motion, the laws of motion, etc.

Imperative Laws:

• Imperative Laws means rules of action imposed upon mere by some authority which enforces obedience to it. The main exponent of this type law was Austin. He proposed the theory of imperative law.
• There are two kinds of imperative laws, Divine or Human.
• Example: The criminal law, the contract law, etc.

Common Laws:

•  Laws that are based on court or tribunal decisions, which govern future decisions on similar cases are called common laws.
• Common law is a term used to refer to the laws that are developed through decisions of the court, rather than by relying solely on statutes or regulations.
• They are also known as “case laws,” or “case precedent”.
• Example: Kesavanand Bharati v. State of Kerala case judgment.

Criminal Laws:

• Criminal laws are the area of the local, state, and federal laws that define criminal acts and offenses, governs the arrest, detention, charging, and prosecution of accused offenders, and sets specific punishments.
• The term criminal laws refer to the actual laws, statutes, and rules that define acts and conduct as crimes, and establishes punishments for each type of crime. They are imperative laws.
• Example: Indian Penal Code

 Civil Laws:

• Civil laws are the body of laws that govern ordinary private matters, separate from laws presiding over criminal, military, or political matters.
• Civil laws govern private or civil rights providing redress for wrongs by compensating the person or entity that has been wronged rather than punishing the wrongdoer.
• Civil laws define and protect the private rights of citizens, offers legal remedies that may be sought in a dispute, and covers areas of law such as contracts, torts, property, and family law.
• Example: Mohammedan law, Contract law, etc.

Procedural Laws:

• Procedural law is a body of law that sets forth the methods, rules, and procedures for court cases.
• In order to help ensure that the laws are applied fairly, there are certain rules and procedures that must be enforced when a court hears any case, whether civil or criminal. This set of laws, rules, and procedures is known as “procedural law.”
• Example: Civil Procedure Code, Criminal Procedure Code, etc.

National Laws:

• National Laws are the laws by which the people are governed by the state.
• It is further classified into constitutional laws and ordinary laws.
• Example: The Constitution of India

 International Laws:

• International laws are the set of rules generally regarded and accepted in relations between nations. It serves as a framework for the practice of stable and organized international relations.
• The member states are free to break the ruling of the international court.

 

• Holland further classified the law as (i) private law and (ii) public law and also as (i) law of persons and (ii) the law of things.

Sources of Law:

Custom:

• In ancient times, social relations gave rise to several usages, traditions, and customs. These were used to settle and decide disputes among the people.
• Custom has been one of the oldest sources of law. Most of the modern laws are derived from the customs followed from ancient times.
• Initially social institutions began working on the basis of several accepted customs. Gradually, the State emerged as the organized political institution of the people having the responsibility to maintain peace, law, and order.

Religion and Morality:

• The religious and moral practices and codes of a society provided to the State the necessary material for regulating the actions of the people.
• The State converted several moral and religious rules into its laws. Hence Religion and Morality have also been important sources of Law

Legislation:

• Due to the development of a legislative system, The legislation has emerged as the chief source of Law. The legislature began transforming the customary rules of behaviour into definite and enacted rules of behaviour of the people. Soon legislation emerged as the chief source of law and the legislature got recognition as the Legal Sovereign

Judicial Decisions or Precedents:

• Judicial Decisions are an important source of Law. The judicial decisions given by the apex court or the courts which stand recognized as the Courts of Record, (like the Supreme Court and High Courts of India) are recognized and used as laws proper.
• Lower Courts can settle their cases on the basis of such judicial decisions of apex courts.

Delegated Legislation or Professional Opinion:

• Due to the paucity of time, lack of expertise and increased demand for law-making, the legislature of State delegates some of its law-making powers to the executive/professional.
• The Delegated Legislation always works under the superior law-making power of the Legislature.