Austin defines Law as the “Command of the sovereign followed by a sanction.” This has been considered one of the most comprehensive definitions of another wise very vast and diverse subject. Many people, especially from outside the legal fraternity, believe Law to be a monochromatic block very individual law is more or less similar to the other. That however is not the case. millennia of legal thought across cultures has led to the formation of several types of law which are structurally and fundamentally very different from each other. For the purpose of description, we can broadly divide them into six heads, which are as follows.
1. Constitutional law:
Constitutional law is the supreme law. All other laws have to conform to the Constitutional Law. The Constitutional Law contains laws concerning the government and its people. The tuition is mostly a written document enacted at the point of the country’s independence. It details the formation of the government, the structure put in place for the resolution of a dispute, the course philosophy by which the government works, and in most cases a procedure to amend itself.
2. Equity Law:
A legal definition from the Oxford dictionary describes equity as “A branch of law that developed alongside common law and is concerned with fairness and justice, formerly administered in special courts.” Arguably this definition is clearer, it explains equity as something legal but again is comparing equity to something else, justice and fairness. This definition is unable to show equity as its own entity.
3. Criminal Law
Criminal law encompasses issues arising from a criminal offence. Criminal offences are defined by federal, state, or local laws and can range from serious crimes like murder to minor infractions like speeding. Criminal punishments, also established by statutory law, are usually proportional to the severity of the crime. Minor offences may only be punishable by a fine or a short term of probation. Violent felonies could result in years in prison, life sentences, or even the death penalty, depending on the circumstances and the jurisdiction.
4. Civil Law
Civil Law deals with cases where wrong is done against a particular individual. Criminal Law includes matters of offence against society at large. The most common civil wrongs are Negligence and breach of contract, murder, rape, etc. The source of civil and criminal laws lies in the colonial era. Historically, French Dutch German Spanish and Portuguese colonies followed a Civil Law system. Civil Law is one of the codified sets of legal rules having its roots in Europe. The core principles are drafted into such rules as forming the primary source of Law.
5. Case Laws
Case law is a law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. The case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly. Case law, also used interchangeably with common law, refers to the collection of precedents and authority set by previous judicial decisions on a particular issue or topic. In that sense, case law differs from one jurisdiction to another.
6. Statutory Law
Statutory law is created and passed by the legislative branch of the government. It is specifically written law, also known as statutes. These statutes are often codified, meaning that they are numbered, collected, and indexed in one place. After statutory law is created, it is the judicial branch of the government’s job to interpret and enforce it by applying it to court cases. However, the judicial branch can’t create statutory laws.
It must be noted that this is a very basic list and in reality, there are nearly as many kinds of laws as there are laws. This list just aims at giving an introduction to people who are new to the Field.
Aishwarya Says:
I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.
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