1.4 Classification of law
- Criminal law vs. civil lawCriminal law: This type of law deals with offenses against the state or society as a whole. It defines crimes and prescribes punishments for those who commit them. Criminal cases involve a prosecutor representing the state against a defendant.
Civil law: Civil law addresses disputes between individuals, organizations, or entities. It encompasses areas such as contracts, property, family law, and personal injury. In civil cases, one party (the plaintiff) sues another (the defendant) for damages or other remedies.
- Public Law vs. private law:
Public law: Public law governs the relationship between individuals or entities and the government. It includes constitutional law, administrative law, and criminal law. Public law focuses on the state’s powers and responsibilities.
Private law: Private law, also known as civil law, regulates the relationships between private individuals or entities. It includes areas such as contract law, property law, family law, and tort law. Private law primarily concerns the rights and obligations of individuals and organizations.
- Substantive law vs. Procedural law
Substantive law: Substantive law defines the rights, duties, and legal obligations of individuals and entities. It specifies what behaviors are lawful or unlawful.
Procedural law: Procedural law sets out the rules and processes for how legal cases are handled. It governs the procedures for filing lawsuits, conducting trials, and appealing decisions.
- International law vs. Domestic law
International law: International law governs the relationships between states and other international actors. It includes treaties, conventions, and customary international law. International law is concerned with issues such as diplomacy, trade, human rights, and armed conflict.
Domestic law: Domestic law, also known as national or municipal law, is the law of a specific country or jurisdiction. It includes the laws and regulations that apply within the borders of a nation.
- Common law vs. Civil law
Common law: Common law systems, prevalent in countries like the United Kingdom and the United States, rely heavily on judicial decisions and precedents (case law) to interpret and apply the law. Judges play a significant role in shaping the law through their rulings.
Civil law: Civil law systems, commonly found in continental Europe and many other parts of the world, rely more on codified laws and statutes. Legal scholars and legislators have a more prominent role in creating and interpreting the law.