Classification of Law

Classification of Law

The law is classified into the following branches

Imperative Law

Physical or Scientific Law

Natural or Moral Law

Imperative Law

The three ingredients of imperative law are explained in detail

Imperative law is a general rule

It is a rule of general application as distinguished from particular application. A rule which applies only to one individual or one set of circumstances at a given time but never afterwards will not be a rule of imperative law.  The rules of conduct laid down by a father for the guidance of his son; or by a master for his servant, though laid down by a superior and enforced by physical force, are not imperative law, because they are not of general application.

On the other hand, ‘general’ does not mean absolutely general, or applicable to all. Thus traffic rules, though applicable to drivers of vehicles only, are imperative law, for they apply generally to all drivers. The rules requiring ministers or the President to take an oath on entering upon office, though applicable to a few or even one individual form part of imperative law for the oath is to be taken by President after President, Minister after Minister, etc. thus “General” here signifies the fact that wherever a particular set of circumstances comes into existence, the rule should be invariably applicable, with exception –though the one affected may be an individual (the Minister) or to class of persons ( the drivers of vehicles).

Imperative law has some authority behind it.

It is given by some superior, may be human or divine. Every rule of imperative law is given by some authority –whether divine or religious or political.

Imperative law is enforced by superior power.

There must be some punishment on breach of imperative law. Rules of imperative law are enforced by some superior power, and the punishment takes such form as bodily or mental suffering. The superior enforces it by either physical force or any other form of compulsion, such as ridicule, contempt or censure. Those subject to imperative law are bound to follow it; thus compulsion is necessary. A rule which people may or may not observe cannot form a part of imperative law.

Illustrations

Divine law 

is imperative law on the following basis:                                            

(i)                  It is laid down by a superior authority (God);                                                  

(ii)                 It is followed compulsorily;      

(iii)                Its breach constitutes a sin and is punished with divine wrath.

Civil law (the law of the land) is also a form of imperative law on the following basis                    

The superior power is the sovereign                                                                     

the compulsion is fear of punishment by the state.                                                 

it is enforced by the physical force of the state. Civil law decides whether an act is innocent or criminal. 

International Law

International law has been differently defined by different jurists.

Salmond takes it as “those rules which govern sovereign states in their relations and conduct towards each other”. Other definitions are: “ the body of rules which by custom or treaty civilized states regard as binding upon themselves in their relations with one another, and whose violation gives the injured party a legal right to redress”; ( Wheaton), “The aggregate of rules to which nations have agreed to conform in their conduct towards one another”; (Lord Russel).