Classification of law by application

Law may also be classified by its application.

National law, the law within a State, can be classified as public law and private law. Each category can be further subdivided:

© The Open University

Public law is law that involves the State, that is, the legal rights and responsibilities the State has to its citizens in administering its many functions. Public law covers criminal law, administrative law and constitutional law.

Criminal law deals with the behaviour of persons, behaviour that is frowned upon by society in general and which the State has outlawed (prohibited). The State takes action to censure and punish offenders by various means such as fines, community orders, and imprisonment. *

Administrative law sets out the law in which the different organs of the State interact with the citizens. The relationships between individuals and organisations which administer governmental (public) policies must be defined, so that those treated unfairly can have redress. In the UK, the National Health Service, Local Councils and even State-funded schools are part of the administrative process and fall under this type of regulation. *

Constitutional law actually has a twofold function: it sets out the powers a State exercises through its different arms. While many States have a written Constitution, it should be noted that the UK Constitution is largely unwritten and comprises “a diverse set of guidelines and constitutional conventions that have evolved from unwritten customs and principles applied over the centuries.” [The Open University, (2014, Unit 1, s2.4)]

The other function sets out the State’s rights and responsibilities (and of individuals which are granted by the State - some of these go back centuries). For example, the writ of habeas corpus (‘you have the body’) was developed sometime in the 12th century. It is a procedure where a court makes an order to someone (or organisation) who is detaining a person e.g. as a prisoner, a patient etc. The order is not to free the person, but rather to have him/her brought to court to determine if the detention is legal. Thus, it safeguards personal freedom, and protects against arbitrary arrest and detention without a trial.

Private law is law not involving the State but involves individuals. (I should point out here that the word ‘individuals’ really mean a ‘legal person’ and can include companies, organisations etc., which I will explain under the “Legal Persons” unit.)

Legal persons have the freedom to enter into legal relationships, such as entering into contracts and what are the conditions of those contracts. It is also the option, of persons who suffer at the hands of another, to take action to get a remedy. Note that the State provides the means of arbitrating the disputes (the courts or mediation) but it is still the individual’s choice to seek remedy.

Private law encompasses the following:

• Law of contracts – it regulates the rights and responsibilities of those entering contracts and provides the means for those whose rights have been breached to get redress.
• Law of tort – A tort is also known as a ‘civil wrong’. It comes about because certain persons occupy positions in society where they owe ‘a duty of care’ (a responsibility to ensure a standard of behaviour/care) to other persons. An example would be of an organisation having a duty to take reasonable care of its employees, its customers and any members of the public affected by its activities.
• Law of Succession – This area of law covers disposal of property after death, with and without a will being made.
• Family law – This areas of law covers private relationships such as marriage, divorce, civil partnerships and the dissolution of the afore-mentioned. It also covers distribution of assets and property upon the end of these relationships  and custodial arrangements for dependants.

[The Open University, (2014, W101: An Introduction to Law, Unit 1)]

Next: A brief introduction to how laws overlap classification.