Classification Of Law (Pols107)

Introduction 

Law is a system of rules and principles established to regulate human behavior and maintain order in society. It defines the rights and duties of individuals and ensures justice by providing mechanisms for resolving disputes. The classification of law helps to understand its various branches and how each serves distinct purposes in governing relationships between individuals and the state.

1. Civil Law and Criminal Law

• Civil Law

Civil law governs relationships between private individuals. It is applied when one party is compelled or expected to do an act or pay compensation for harm caused.

The person who initiates the action is called the plaintiff (or petitioner in some cases such as divorce or election petitions), while the opposing party is the defendant (or respondent, depending on the case).

Hands exchanging document

• Criminal Law

Criminal law deals with actions considered harmful to the public or the state. Although a dispute might arise between individuals, the case is ultimately pursued by the state on behalf of society.

The primary aim of criminal law is to punish wrongdoers and protect the collective interests of citizens.

A handcuff and gavel

The police play an important role in the prosecution of criminal cases, during investigation, evidence collection, and sometimes trial proceedings.

The party instituting a criminal action is called the prosecutor, while the person charged with the offense is the accused.

In some instances, the same facts may give rise to both civil and criminal actions, depending on the procedure adopted in instituting the case.

       2. Private Law and Public Law

• Private Law

Private law regulates the conduct of persons in their interpersonal dealings, defining their status, rights, and obligations. It governs relationships between individuals or organizations (juristic persons).

Branches of private law include:

• Contract Law
• Property Law
• Tort Law
• Family Law and Succession
• Commercial Law
• Equity and Trust

Image depicting Private law

• Public Law

Public law is primarily concerned with the functioning of the state and the protection of public interest. It governs relationships between individuals and the state, ensuring smooth administration and justice.

It covers subjects such as:

• Constitutional Law
• Administrative Law
• Criminal Law
• Revenue Law

Public law

Note (N/B):

The classifications of law are not mutually exclusive.

Some elements of one class may overlap with another.

For example, the extent of a person’s right in tort (private law) may be determined by a constitutional provision (public law) thus combining both classes in a single case.

Similarly, one set of facts can fall under either class depending on how the matter is pursued.

For instance, if A slaps B, A’s act could be the tort of battery (private law) or the crime of assault (public law), depending on the remedy sought.

Conclusion 

Law is broadly divided into civil and criminal law, and into private and public law. Civil law deals with disputes between individuals, while criminal law involves offenses against the state. Private law regulates personal and business relationships, while public law focuses on the functioning of the state and protection of public interest. Though distinct, these categories often overlap, ensuring a balanced legal system that promotes justice and order in society.

References 

Nigerian Legal System Note Compiled by Muhammad Musa

Wikipedia contributors