Introduction to Law: Classification of the Law

Classification of the Law

International Law

• Also known as the law of nations or public international law.
• Regulates relationships between states at international and regional levels.
• Issues typically affect multiple states.
• Applies in a state when incorporated into its national legal system.
• Content is derived from treaties and customary international law (general practices accepted as law).

National Law

• Comprises rules applicable only within the territory of a specific state (e.g., South Africa).
• Domestic law of other states is referred to as foreign law.

Substantive Law

• Also known as material law.
• Defines the content and meaning of legal rules.
• Determines rights individuals may have.

Procedural Law

• Also called adjectival law.
• Regulates enforcement of substantive law.
• Governs the practical handling of legal cases.

Public Law

• Establishes the limits of state authority.
• Regulates the state organization and its relationship with citizens.
• Actions taken under this law are with state authority.

Private Law

• Governs relationships between individuals (legal subjects).
• Defines rights and duties between parties without state authority involvement.

Commercial Law

• A hybrid of public and private law related to commerce and industry.
• Contains specialized branches of private law and areas regulated by state legislation.

Supplementary Disciplines

• Private International Law: Applies when South African courts handle foreign law matters, determining applicable legal systems.
• Legal Philosophy: Examines law philosophically, questioning its nature and functions.
• Legal Interpretation: Focuses on interpreting statutory provisions, contracts, and wills.
• Comparative Law: Studies foreign legal systems and comparisons.
• Legal History: Provides context and evolution of legal systems.