Unit 3 Classifications of Law

Notes on Classifications of Law

Introduction

Law is classified into various disciplines or branches to efficiently organize and comprehend its vast functions and implications. The tradition of classifying laws can be traced back to the Romans, who pioneered this systematic approach. By classifying laws, we can simplify the interpretation and application of the extensive body of legal rules into logical divisions that enhance our understanding and effectiveness within the legal system.

Example Scenario

Consider the scenario of Bongani and Katlego's agreement to paint a house, which encompasses multiple legal dimensions:

• Contract Law: An agreement with a financial obligation of R10,000 creates enforceable rights and duties between the parties involved.

• Family Law: This may come into play if there is an aspect concerning the adoption of a baby, demonstrating the intersection between family obligations and legal frameworks.

• Property Law: The ownership rights associated with the house would be examined under property law to ascertain legal title and responsibilities.

• Law of Delict: If there is an injury resulting from negligence, such as a fall from a ladder during the painting, delict law addresses the liability and damages applicable. Thus, different branches of law are pertinent to addressing the multifaceted issues arising from this single scenario.

Classification of Law

South African Legal System:

The South African legal framework is structured around two primary categories: national law and international law.

International Law:

• Definition: International law governs the interactions and legal relationships between states, individuals, and international organizations.

• Components: It encompasses various treaties (which can be bilateral between two countries or multilateral involving multiple parties), and customary international law practices.

• Incorporation: Section 39(1) of the South African Constitution facilitates the incorporation of international law into the domestic legal system, ensuring that international norms influence South African law.

National Law:

• Nature: National law is specific to South Africa and is often referred to as "positive law," representing laws enacted by legislative authority.

• Divisions: National law is further divided into:

  • Substantive Law: This branch establishes the rights, duties, and offenses within society, such as defining criminal acts (e.g., murder, theft) and civil rights (e.g., property ownership).

  • Procedural Law: It regulates the processes for enforcing substantive laws, providing the framework for how legal proceedings are conducted within civil and criminal jurisdictions, such as trial procedures and defendant rights.

Substantive vs. Procedural Law

Substantive Law

• Definition: Substantive law pertains to the content of law, defining legal rights and responsibilities.

• Examples: It includes laws concerning property ownership, the delineation of criminal offenses such as assault, and civil rights regarding contracts.

Procedural Law

• Definition: Procedural law outlines the processes for enforcing the rights established in substantive law.

• Examples: It governs the legal processes in criminal cases, such as the obligation to present a defendant before a court within 48 hours after arrest, and civil procedures like the process of filing a lawsuit.

Branches of Substantive Law

Public Law

Public law governs the relationships between the state and individuals, hence described as a vertical legal relationship. Key components include:

• Constitutional Law: It is the foundation of the legal framework, defining the organization, powers, and limits of various government branches (Legislature, Judiciary, and Executive), as well as safeguarding citizens’ rights.

• Administrative Law: This area regulates the legality of governmental administrative actions, ensuring fairness and legality in decision-making. In South Africa, Section 33 of the Constitution guarantees just administrative action, enforced through acts like the Promotion of Administrative Justice Act (PAJA).

• Criminal Law: This branch delineates what constitutes criminal behavior and the corresponding penalties for offenders.

Private Law

Private law regulates interactions and relationships among individuals, described as a horizontal relationship. Key areas include:

• Contract Law: Focuses on disputes arising from agreements between private parties.

• Delict Law: Addresses civil wrongs and provides remedies for harm caused due to negligence or intent.

• Family Law: Concerns legal matters related to marriage, divorce, and child custody.

• Property Law: Regulates ownership, use, and transfer of property.

Commercial Law

Commercial law governs legal matters related to business practices and transactions, ensuring fairness and legal compliance in the commercial arena.

Public Law Divisions

Constitutional Law

This division is concerned with the structure and operation of government, pertaining to the rights and duties of citizens, and delineating the separation of powers among the branches of government: Legislature, Judiciary, and Executive.

Administrative Law

Administrative law governs the operations and actions of governmental agencies, ensuring that they act within their authority and provide fair treatment in their decision-making processes.

Criminal Law

Defines offenses against the state and prescribes punishments for individuals found guilty of committing such offenses, contributing to the maintenance of public order and safety.

Procedural Laws

Criminal Procedure

This outlines the processes to prosecute criminal offenses, which include protections and rights guaranteed to defendants.

• Example: Mandla must be brought before a court within 48 hours of law enforcement action.

Civil Procedure

Civil procedure governs the process for resolving disputes between private parties through the courts. It involves rules that parties must follow to seek relief.

• Example: Rolani can sue Nomfundo for car damage in a civil court to recover losses.

Law of Evidence

This area dictates how evidence is to be presented and evaluated in court, including the admissibility of witness testimonies and document submissions.

Key Takeaways

Legal classifications facilitate the identification of relevant laws applicable to particular legal disputes. Recognizing the distinction between public law (governing state-individual interactions) and private law (regulating individual relationships) is crucial in legal contexts. Additionally, the categorization of substantive law (defining rights/duties) and procedural law (establishing enforcement methods) ensures a systematic approach to legal operations, aiding in fair legal processes.