Classifying Laws: A Complex Classification Challenge

The classification of law is a complex and multifaceted concept that has evolved over centuries, dating back to the Roman legal experts and ancient Hindu legal scholars. The fundamental purpose of classifying laws is to bring order and clarity to the intricate web of legal principles, rules, and regulations that govern societies. This classification system aids legal practitioners in easily identifying and differentiating between various aspects of the law, making it more manageable to navigate the diverse field of legal regulations. While there are numerous ways to classify laws, some of the most common classifications include public law vs private law, criminal law vs civil law, municipal law vs international law, and substantive law vs procedural law. These classifications help to distinguish between laws that govern relationships between individuals, governments, and countries, as well as those that define criminal behaviour and establish enforcement procedures.

Criminal law vs civil law

Laws can be classified in several ways, including civil law and criminal law. While criminal law and civil law were designed to address separate wrongdoings, they share similarities and can overlap at times.

Criminal law deals with offenses against the state, and the government files a case against someone for committing a crime. The person accused of committing the crime is called the defendant. The government must prove that the defendant is guilty "beyond a reasonable doubt," a very high standard. If the defendant is found guilty, they may be sentenced to jail or prison, or in some states, the death penalty. Felonies are the most severe criminal offenses and are classified in most states by a letter from least to most severe, typically in an A-F format. Examples of felonies include murder, aggravated and felony assault, kidnapping, arson, and the sale/manufacturing of drugs. Misdemeanors are less serious offenses and are generally punishable by less than a year of incarceration in the local jail.

Civil law, on the other hand, is a blanket term for all non-criminal law, typically settling monetary or property-related disputes between private citizens. Civil law deals with individual rights or interests (like contractual interests) that have been violated by another individual or organization and warrant a case filing. In civil court, one person sues another person because of a dispute or problem between them. A business or agency can also file a case in civil court or be sued. If someone loses a civil case, they may be ordered to pay money to the other side or return property, but they do not go to jail. To win a civil case, one must prove their case by a "preponderance of the evidence," meaning the judge or jury must believe that the case is stronger than the other side's case.

Criminal and civil law also differ in their focus. Criminal law was designed to protect the state's welfare from actions deemed threatening or harmful to its overall safety, while civil law focuses on private relationships between members of a given community.

National law vs international law

Laws can be classified in several ways, including civil law, common law, substantive law, and procedural law. This response will focus on the classification of law into national law and international law.

National Law

National law, also known as domestic law, includes laws that pertain to a particular nation or state. National law focuses on the conduct and behaviour of persons within a particular nation. It also includes county and state laws within a single nation. In the United States, for example, Congress enacts these laws, which require acceptance from the president to become valid. Some national laws stem from decisions made by judges, or case law, while other states don't recognize judge-enforced law.

International Law

International law, also referred to as the law of nations or public international law, denotes the principles, procedures, and rules that govern the dealings and treaties of one nation when collaborating with other nations. It applies to relations regarding international companies and organizations that may operate throughout several nations. The modern term "international law" was originally coined by Jeremy Bentham in his 1789 book "Introduction to the Principles of Morals and Legislation". International law includes formal rules and informal norms. Rules are written expectations that outline required behaviour, while norms are guidelines about appropriate behaviour that are shaped by custom and social practice. International law differs from national law in that it operates largely through the consent of all parties involved, as there is no universally accepted authority to enforce it upon sovereign states. International law applies to all countries that wish to sign treaties and agreements, and it doesn't interfere with domestic legal systems.

The relationship and interaction between a national legal system and international law can be complex and variable. National law may rely on international law when a treaty grants jurisdiction to organizations operating in multiple countries. For example, national laws or constitutions may provide for the implementation or integration of international legal obligations into domestic law. Entities and professionals use international law in situations that include relations between two or more countries, while national law is used within a single country. Legislative, judiciary, and executive entities within a nation can create national laws, whereas no particular body or overseeing organization creates all sets of international laws.

Substantive law vs procedural law

Laws can be classified in several ways, including civil and criminal law, positive and non-positive law, and common law and civil law. One of the most important distinctions in law is between substantive law and procedural law.

Substantive Law

Substantive law establishes the rights and obligations that govern people and organizations, and it includes all laws of general and specific applicability. It defines the acts that constitute criminal behaviour and what a prosecutor must prove to convict someone of a crime. Substantive law is about the behaviour or conduct involved in a crime and determines guilt or innocence. It establishes what elements the prosecutor must prove beyond a reasonable doubt. For example, substantive law tells us that theft has occurred and specifies the punishment for it.

Procedural Law

Procedural law, on the other hand, establishes the legal rules by which substantive law is created, applied and enforced, particularly in a court of law. It deals with how guilt is determined and sets limits and bounds around how a prosecutor may go about proving a case. Procedural law governs the process of determining the rights of the parties and provides the mechanisms to enforce substantive law. It sets forth the rules governing searches and seizures, investigations, interrogations, pretrial procedures, and trial procedures. It establishes rules limiting certain types of evidence, timelines, and the sharing of certain types of evidence.

Differences and Importance

The distinction between the two is important as it can have practical implications for a variety of issues, such as retroactivity. While substantive law is about the 'what', procedural law is about the 'how'. For example, in the case of Schiro vs. Summerlin, Justice Scalia distinguished between the two, saying that a rule is substantive if it alters the range of conduct or the class of persons that the law punishes. In contrast, procedural rules regulate only the manner of determining the defendant's culpability.

Examples

In the Schiro case, the Court reasoned that the ruling was a matter of procedure rather than substance as it was based on the Sixth Amendment jury trial guarantee, which was a rule that had nothing to do with the range of conduct a state may criminalize. Another example is Ring vs. Arizona, where the Court held that a sentencing jury, not a judge, must identify the aggravating factors necessary to impose the death penalty. This changed the permissible methods for determining whether a crime should be punishable by death.

Public law vs private law

Laws can be classified in several ways, one of which is the distinction between public law and private law. This distinction is ever-present in legal terminology. Public law is a set of rules that govern the relationships between private individuals or organisations and public bodies such as government departments and local authorities. It deals with issues that affect the general public or society as a whole. For instance, public bodies and officials derive their authority to make decisions and take action from legislation passed by Parliament. Examples of public bodies include the police, prisons, courts, statutory tribunals, coroners' courts, and regulatory and supervisory bodies like the General Medical Council.

Public law is also about the regulation of the legal system itself rather than the regulation of individuals. The main difference between public and private law is whether the act or acts affect society as a whole or an issue between two or more people. For example, a private organisation may be controlled by public law if it is carrying out a public function, such as providing housing and community care.

Private law, on the other hand, is enacted for the benefit of a particular individual or small group. It includes claims against the government or individual immigration or naturalisation matters. The distinction between public and private law can sometimes be blurred, where some acts may violate both kinds of law. Certain acts that are considered "offences against society" may be classified as crimes of a public nature. Many property crimes, on the other hand, involve the infliction of private harm and may be classified as torts as well as crimes.

Real rules vs process rules

Laws can be classified in several ways, including substantive law and procedural law. Substantive law defines what conduct is criminal, while procedural law governs the process of determining the rights of the parties involved.

Real rules, or structural rules, are those that indicate when something is or is not a member of a class. They can be used to make automatic classifications and computations. For example, structural rules can answer questions such as "Is this fruit an apple or not?" or "Is this customer a gold customer or not?".

On the other hand, process rules, or operative rules, are the specific statements that inform what must and must not be done. They do not produce any output but rather evaluate whether the output produced by a process is permissible. For example, in a recipe (process), a rule may be "Milk must be fresh". This rule does not produce any output but rather ensures that the output produced by the process is within acceptable limits.

While real rules can be used to make automatic classifications, process rules guide the processes that produce outputs. In other words, real rules are about classification, while process rules are about permissible outputs.

It is important to note that both types of rules are essential for effective management and achieving organisational goals. While real rules provide a framework for classification and computation, process rules ensure that the desired outputs are achieved within acceptable boundaries.

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