Classification of law

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	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.
Courts In Civil Law Jurisdictions	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	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.
Civil	For example civil actions known as TORT and also CONTRACT. Broadly speaking one individual against another (*Smith v Jones*).
Crime	Essentially an anti – social act against the state. (*R v Jones*) R= Regina (Queen) Rex (King). The state against Jones. As a broad principle, Civil Law seeks to compensate; criminal to punish. Both attempt to regulate behaviour.
Civil Law	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.
Civil Law Duties	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.*
Interaction –v- Enforcement	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.
Civil Law Situations	Sometimes clear-cut. You’ve been caught on someone’s 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 Administrative Agencies	Numerous local and government administrative agencies now make rules that reach into all 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.

Civil Law Duties

Civil Law Situations