Classification of law unit 3

What is this about?

Think of law as a giant puzzle. To make sense of it, we break it down into smaller, more manageable categories. This helps us understand how different laws work and how they fit together.

Example Scenario

Imagine a guy named Bongani who has a contract to paint Katlego's house. He falls off a ladder, gets hurt, and also wants to adopt a baby with his wife. This one situation involves several different kinds of law:

*Contract Law:** The agreement to paint the house.

*Law of Delict (Torts):** Bongani getting injured due to the faulty ladder.

*Property Law:** Bongani owning a house.

*Family Law:** Adopting a baby.

Two Main Types of Law

1. International Law:

* Deals with relationships between countries, international organizations, and sometimes even individuals on a global scale.

* Like rules for how countries trade or treaties they sign.

2. National Law:

* The law within a specific country (like South Africa).

* Also known as "positive law."

National Law further divided:

*Substantive Law:**

* The "what" of the law. It defines your rights and responsibilities.

* Example: Defines what murder is, or how you can own property.

*Procedural Law:**

* The "how" of the law. It's the process of how the law is enforced.

* Example: How a murder trial works, or how you claim money from someone who damaged your car.

Procedural Law: The "How-To" Guide for Law

*Criminal Procedure:** How the police and courts handle criminal cases (arrests, trials, etc.). Protects the rights of accused persons.

*Civil Procedure:** How people can sue each other in court for things like damages or breach of contract.

*Law of Evidence:** What kind of information is allowed in court to prove a case (witnesses, documents, etc.).

Substantive Law: Public vs. Private

*Public Law:** Deals with the government and its relationship with citizens. It's a "vertical" relationship where the government has authority.

*Private Law:** Deals with relationships between private individuals or businesses. It's a "horizontal" relationship where everyone is generally equal.

Public Law Examples

*Constitutional Law:**

* Based on South Africa's Constitution.

* Determines how the government is set up (legislature, courts, executive) and the rights of citizens (Bill of Rights).

*Administrative Law:**

* Controls how the government does its job.

* Makes sure government actions are fair and lawful.

In Simple Terms

Law is a set of rules that are classified to make them easier to understand. These rules can be about relationships between countries (International Law), or within a country (National Law). National Laws defines your rights (Substantive Law) and how those rights are protected (Procedural Law). Substantive law is further broken down into Public law (how the government interacts with citizens) and Private Law (how citizens interact with each other).