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Classification of Law

Law can be classified into various categories such as Tort Law, Criminal Law, Contract Law, and others based on subject matter, functionality, and concept. Subject matter classification helps delineate areas of law, while functional classification distinguishes between procedural and substantive law. Conceptual classification divides law into private law, which governs relationships between individuals, and public law, which involves the state and societal protection.

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0% found this document useful (0 votes)
6 views2 pages

Classification of Law

Law can be classified into various categories such as Tort Law, Criminal Law, Contract Law, and others based on subject matter, functionality, and concept. Subject matter classification helps delineate areas of law, while functional classification distinguishes between procedural and substantive law. Conceptual classification divides law into private law, which governs relationships between individuals, and public law, which involves the state and societal protection.

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Classification of Law

Law can be put into various categories, however, these categories are not mutually exclusive. Different
areas of law generally have different purposes. Tort Law for instance is concerned with the conduct
between private individuals, civil wrongs, whereas Criminal Law is concerned with the protection of the
society at large and punishment for wrongdoing.

Law is placed into various categories since it seeks different outcomes and is generally concerned with
different things. In addition, it serves different purposes. Classification also gives an idea of subject
matter and similarities of the given. It also sets boundaries and creates order.

Law can be classified based on subject matter, functionality and concept.

Subject Matter
In the context of learning, law is generally categorized based on subject matter. This is very specific.

●​ Contract Law is concerned with agreements between individuals. This is a private area of law
but is guided by public policy.
●​ Tort Law is concerned with civil wrongs and is a private area of law
●​ Criminal Law is concerned with protecting the moral fabric of society and proceedings are
initiated by the State.
●​ Other categories include Real Property, Family Law, Constitutional Law and Administrative Law

Classification based on subject matter creates separate areas of law. Even though some of these area
will inevitably overlap, it helps to create a clear idea of the purpose, content and scope of each.

Functional Classification
This is based on law of a procedural or substantive nature. Procedural law is concerned with giving
directives, guidance and outlining how things should be done. Substantive law as it suggests is
concerned with substance that is rules, acceptability of certain behaviours etc.
Conceptual Classification
Conceptual classification of law broadly categorises as private law and public law. Private law
encompasses areas such as contract law and tort law; areas which are concerned with relations between
private individuals. Public law is concerned with individuals as it relates to the State. This is the case
with Constitutional Law and Criminal Law. Although areas such as Tort Law are concerned with private
individuals, their behavior and conduct, they will still be subject to other provisions of law and will be
enforceable by principles of public law e.g even though contract is concerned with agreements between
individuals, the terms, actions etc must be legal.

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