Classifications of Law

Major Types of Law

Categorized into: International vs National, Common vs Civil, Public vs Private, and Criminal vs Civil.

International Law

Governs the rights and responsibilities of states, covering treaties, human rights, war, peace, trade, and environmental regulations.

National Law

Laws that govern within a specific country, such as criminal, contract, and property law.

Common Law System

Legal system developed in England characterized by doctrine of precedent and adversarial system.

Civil Law System

Based on Roman law and the Napoleonic Code, where judges apply written legislation in an inquisitorial system.

Public Law

Laws between the government and individuals, encompassing criminal law where the state prosecutes wrongdoing.

Private Law

Laws governing relationships between individuals, distinct from government.

Criminal Law vs Civil Law

Criminal law prosecutes wrongdoing by the state; civil law addresses disputes and compensation for harm.

Sources of International Law

Include treaties, customary law, general principles, court decisions, and legal writings.

Enforcement Challenges of International Law

No world parliament or police; enforcement relies on voluntary cooperation among states.

Private International Law

Also known as conflict of laws, it deals with cross-border disputes like international divorce and overseas contracts.

Common Law vs Equity

Common law involves strict rules, whereas equity seeks fairness in situations where strict rules cause injustice.

Standards of Proof in Civil vs Criminal Law

Civil law uses the 'balance of probabilities' standard, while criminal law requires 'beyond reasonable doubt'.

Influence of International Law on Australia

International treaties can shape domestic laws and impact legal interpretations in Australia.

Role of Non-State Actors

Includes organizations such as the UN, multinational corporations, and armed groups which impact global law and politics.