There are four different classifications of law that are found around the world.

In this
brief article I will explain the differences that make up the four classifications of law.
1. Substantive of laws vs. Procedures of laws- Substantive of law is the
substance that makes up a law. It is the meaning of a law that explains what you
can and cannot do. For example the law states that you cannot murder another
human being unless it was in self defense, you were under duress, or if you were
drugged by another person. Unlike substantive of law, procedures of laws are just
the steps that must take place when filing a lawsuit against another party.
2. Public vs. Private Law- Public law simply means that the government is
involved. Public law is any law that has to do with the constitution and the public.
This type of law normally involves a criminal suit were the government is
prosecuting a citizen for a crime they allegedly committed. Private laws are laws
that do not involve the government, and are laws that allow one private entity to
sue another private entity in a civil lawsuit.
3. Criminal vs. Civil Law- Criminal law was created to protect the public from the
government or from themselves. Criminal laws were created so that the
government could not prosecute individuals without due process and so that the
public could protect themselves from each other. Civil law are cases where one or
both parties are looking for compensation instead of jail time. Civil law covers
anything that criminal law does not cover in the court system.
4. Common vs. Civil law countries- Common law countries prosecute with the
concept of "Stare Decisis" meaning, let the decision stand. This means that these
countries such as the United States of America make decisions based on precedent.
These countries are case law countries and look at how past cases were decided
and use that in the decision process when prosecuting. Unlike common law
countries, civil law countries do not rely on precedent but instead prosecute
lawsuits on a case to case basis without looking at how past cases had been
decided.

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Law can be categorised in number of ways although the various
categories are not mutually exclusive
Common Law Civil Law Systems
Common Law
And Civil Law

Courts In Civil
Law
Jurisdictions

Common Law and Civil Law; distinct legal

systems.
The English legal system is a Common Law
one as opposed to Continental systems that
are based on Civil Law.
Because the Roman codes were almost
entirely limited to the private area, public
law is usually not codified.
In civil-law countries, separate
administrative courts adjudicate claims and
disputes between the various branches of
government and citizens, and many
lawyers specialise in public law.
In France, Germany, and Italy, still other
courts handle constitutional issues.

The English Legal System

Civil Law Criminal Law
Comparison

Civil

Crime

The English legal system is characterised

by two major categories of law, those of
CIVIL (not the same as the Civil Law
referred to above) and CRIMINAL law.
Each has its own specific aims and
outcomes.
The first major comparison is in the
DESCRIPTION of civil and criminal law.
For example civil actions known as TORT
and also CONTRACT.
Broadly speaking one individual against
another (Smith v Jones).
Essentially an anti social act against the
state.
(R v Jones) R= Regina (Queen) Rex

Civil Law

Civil Law Duties

Professor Winfield's definition.

" A breach of duty fixed by law, towards persons
generally. Its breach redressable by an action for
unliquidated damages".
"Unliquidated" Not a pre-estimated any amount.

Interaction vEnforcement

Civil Law
Situations

(King). The state against Jones.

As a broad principle, Civil Law seeks to
compensate; criminal to punish.
Both attempt to regulate behaviour.

Civil law demands that we do not do certain

things. E.G. Trespass or create a Nuisance
or Defame someone's character.
The result is DAMAGES. Note the recent
trend for the courts to compensate for
intangible losses, e.g. "disappointment" if a
holiday were to fail Jarvis v Swantours.
Civil Law and Criminal Law distinguish
between law whose purpose it is to
facilitate the interaction of individuals and
law that is aimed at enforcing particular
standards of behaviour.

Sometimes clear-cut. Youve been caught on

someones land to you must have trespassed.
There will be fewer obstacles in the way of
obtaining a remedy. (In crime the mental element
vital to guilt can be difficult to prove).
This is not to say Civil Law is simpler than Criminal
Law both has their complexities.

Common Law Equity

Common Law
and Equity

Common Law and Equity distinguish the

two historical sources and systems of
English Law.
Common Law emerged in the process of
establishing a single legal system
throughout the country.
Equity was developed later to soften the
formal rigour of the Common Law.
The two systems are now united but in the
final analysis Equity should prevail.

Sources

Common Law and Statute relate to the

source of law.
Common Law is judge made:
Statute Law is produced by Parliament.
Private Law and Public Law relate to whom
the law is addressed.
Private Law relates to the individual citizen
whereas
Public Law relates to institutions of
government.

Private Law Public Law

Private Law
Relationships

Private law involves the various relationships that

people have with one another and the rules that
determine their legal rights and duties among
themselves. The area is concerned with rules and
principles pertaining to private ownership and use
of property, contracts between individuals, family
relationships, and redress by way of compensation
for harm inflicted on one person by another.

Private
arrangements

Historically, government involvement was usually

minimal.
Private law has also operated to provide general
guidelines and security in private arrangements
and interactions in ways that are complementary
to morality and custom but that are not
necessarily enforceable in a court of law, such as
non-contractual promises and agreements within
an association of private individuals.

Public Law
Includes

Is a term used to describe law concerned with the

state law enforcement.
It includes criminal law, local government law and
town panning Law. The two latter subjects are
specialised aspects of administrative .law.
Contrast public law with private law, e.g. contract.

Government
Individuals

Public law concerns the relationships within

government and those between governments and
individuals.

Taxation

Laws concerning taxation and the regulation of

business are in the public area, as is criminal law.

Criminal Law

Criminal law not only promotes security and order

but also reinforces moral norms.
Debate has been continuous regarding the
legitimacy of government intervention in areas
where moral attitudes are in significant conflict,
such as in matters of sexual practices,
pornography, birth control, and euthanasia.

No constitution

Because the Uk has no written constitution, basic

principles pertaining to government powers and
limits and to fundamental individual rights are
found in acts of Parliament, judicial opinions, and
tradition.

Control of
resources

Public law dominates in government-controlled

societies; democratic societies increasingly have a
mix of public and private law. The private sphere
includes individuals and a vast array of groups,
associations, organisations, and special legal
entities such as corporations.
They compete with one another and with
government for control of resources, wealth,
power, and the communication of ideas and
values. Special fields of law, such as employment
law, facilitate and control this competition.
Much of such law is in the commercial and
corporate areas. The formerly purely private law of
property and contracts, for example, is now
overlaid with legislation, regulations, and judicial
decisions reflecting the competition.

Administrative Law
Is a comparatively recent occurrence.
Local
Government and

Numerous local and government administrative

agencies now make rules that reach into all

Administrative
Agencies

manner of activities, including

Licensing,

Regulation of trades and professions,

Protection of health,
Promotion of welfare.
Compulsory purchase,
Planning controls,

Regulatory controls and determinations like

social security payment
Their powers emanate from legislation, and their
rules are reviewable by the courts.

Judicial Review

This deals with the organisation, powers and

duties of public administrative authorities.
In the modern state the executive has wide
powers of. When the authorities act outside the
law, administrative law (hopefully) has the
remedies.
France and Belgium have a special structure (Droit
Administrative). We do not.

International Law
Background

The legal process that concerns relations among

nations is called international law. Belief and
experience in some form of international law dates
from at least the days of the Roman Empire.
Such law differs greatly from national legal
systems. No court has the authority or power to
give judgments backed by coercive sanctions.

Based on
Custom
Treaties and
Conventions

Even in its most modern developments,

international law is almost wholly based on
custom.
The precedents on which it rests are the acts of
independent governments in their relations with
one another, including treaties and conventions.
Behind many of its rules is only a moral sanction:
the public opinion of the civilised world.
When treaties or conventions are involved,
however, machinery to enforce them exists-either

an arbitration or conciliation procedure or the

submission of the dispute to a regional or
international court.

Definitions

A discernible body of rules and principles is

observed or at least acknowledged in international
relations.
These rules concern such matters as territorial
titles and boundaries, use of the high seas, limits
on war, telecommunication, diplomatic and
consular exchange, and use of air space.

The major sources of international law on these

matters are multilateral treaties, international
custom, and such general principles as are
recognised by civilised nations.

United Nations

The United Nations is one of the primary

mechanisms that articulate and create
international law.
The General Assembly and other agencies of the
UN bring a combination of diplomacy, negotiation,
and propaganda to bear on World affairs in ways
that produce effective international treaties and
affect world opinion.
Certain courts also have indirect impact, including
the International Court of Justice. Domestic courts
in various nations at times also engage in the
articulation of international law.