Aspects of Law: Understanding Legal Classifications and Types
Understanding the different types and classifications of law is essential for any law student. Just as a botanist must understand how plants are categorized, a lawyer must grasp the various ways law is organized and classified. This knowledge provides a framework for legal reasoning and helps determine which laws apply to specific situations.
Types of Law
Law can be classified into various categories based on different criteria. Let’s begin by examining some fundamental types of law.
Eternal Law
The concept of eternal law refers to laws that are constant, everlasting, and universal. St. Thomas Aquinas (1224-1274) defined eternal law as “the exemplar of divine wisdom as directing the motions and acts of everything.”¹ According to Aquinas, eternal law comprises God-given rules governing all creation, and natural law is simply a participation of eternal law in rational creatures.
Divine Law
Divine law refers to the law of God or law from God. The Ten Commandments in the Bible exemplifies divine law.² This concept is predicated on the belief that humans, being sinful by nature, cannot create valid and just laws on their own. Therefore, they must turn to God, the governing authority of the Universe, for perfect law.
Natural Law
Natural law, in its simplest form, means the “law of nature.” This concept has various interpretations but generally refers to universal precepts or commands intended by nature to regulate human behavior.³
Lord Lloyd described natural law as “a body of objective moral principles based on the nature of the universe and discoverable by reason.”⁴ Natural law theory contends that there is no separation between law and morals. According to Professor Lon Fuller, law must be purposive, contain internal morality, and be certain and clear. It must not be retroactive.⁵
One of the most famous expressions of classical natural law doctrine comes from Cicero in the 1st Century B.C.:
“True law is right reason in agreement with Nature; it is of Universal application, unchanging and everlasting, it summons to duty by its commands, and averts from wrong-doing by its prohibitions…and there will not be different laws at Rome and at Athens, or different laws now and in the future, but one eternal and unchangeable law will be valid for all nations for all times.”⁶
Human or Positive Law
Positive law, which means the same as human law, stands in contradistinction to natural law. Legal positivism asserts that law is posited and laid down by an authority of society, which provides its sole source of validity. Unlike natural law theory, legal positivism does not concern itself with morality or ethical precepts.
According to Professor H.L.A. Hart, “Law is a command and there is no necessary connection between law and morals or law as it is (lex lata) and the law as it ought to be (de lege ferenda).”⁷ The Supreme Court of Nigeria acknowledged this position in A.G. Federation v. Guardian Newspapers Ltd.⁸
Jeremy Bentham is considered the father of legal positivism, with other notable jurists including John Austin, Joseph Raz, Neil McCormick, and Ronald Dworkin.
Classifications of Law
Beyond these philosophical types, law is also classified in more practical ways that help us understand its application in different contexts.
Public and Private Law
Nigerian law, like many legal systems, can be classified as public or private law. Public law concerns the protection of the state and its organs, governing the relationship between the state and citizens.⁹ Examples include Constitutional law, Administrative law, Criminal law, and International law.
Private law, on the other hand, deals with relationships between individuals and the protection of individual rights. This category includes the Law of Contract, Torts, Family law, Succession, Trusts, and the Law of Evidence.
Some countries, such as France, have separate bodies of law and court systems for public and private matters. In Nigeria, however, the distinction is less rigid in terms of court systems but may affect procedural aspects, particularly in cases involving the enforcement of public duties imposed on state agencies.
Civil Law and Criminal Law
Civil law refers to the law that defines the rights and duties of persons to one another and provides a system for compensating individuals injured by the wrongful acts of others. Examples include Contract law, Torts, Land law, and Family law.
Criminal law, conversely, seeks to protect the public interest by punishing conduct harmful to society.¹⁰ Punishment typically involves imprisonment, fines, or both. Criminal offenses in Nigeria are codified in the Criminal Code for southern states and the Penal Code for northern states.¹¹,¹²
Key differences between civil and criminal law include:
- Standard of proof: In criminal cases, the prosecution must prove guilt “beyond reasonable doubt,” whereas in civil actions, the plaintiff need only prove their case “on the balance of probabilities.”
- Purpose: Criminal law aims to punish and deter, while civil law seeks to compensate the injured party.
- Parties: Criminal proceedings are typically brought by the state against an individual, while civil cases are between private parties.
Despite these distinctions, some acts (like assault or defamation) can be both crimes and civil wrongs, allowing for both criminal prosecution and civil action.
Substantive and Procedural Law
Substantive law refers to the body of rules that define rights, duties, and liabilities. It is the law that prohibits certain actions and prescribes penalties for violations. Examples include Contract law, Torts, Criminal law, and Constitutional law.
Procedural (or adjectival) law, by contrast, deals with the methods of proceedings to enforce rights or duties and how litigation is conducted. It specifies how actions are initiated, evidence presented, witnesses examined, and judgments enforced. In Nigeria, procedural rules are found in the Rules of Court for civil cases, the Criminal Procedure Act or Code for criminal trials, the Evidence Act, and the Sheriff and Civil Processes Act.¹³,¹⁴,¹⁵,¹⁶
Municipal/National and International Law
Municipal (also called national or domestic) law refers to the internal law of a particular country. It encompasses all laws that regulate relationships between individuals and between individuals and the state within that jurisdiction.
International law governs relationships between states or between states and international organizations. Its sources include treaties, international custom, general principles recognized by civilized nations, and judicial decisions and teachings of highly qualified publicists.¹⁷
International law is further divided into private international law (or conflict of laws), which deals with cases involving foreign elements within particular legal systems, and public international law, which constitutes a separate legal system altogether.¹⁸
Written and Unwritten Law
Written law refers to rules formally enacted into legislation by the legislature. These include constitutions, statutes, and regulations.
Unwritten law can mean either principles not written down at all (like customary law and conventions) or unenacted law that may be documented but not formally legislated (like common law principles developed through case decisions).¹⁹ The British Constitution, largely unwritten, exemplifies this category.
Common Law and Equity
Common law developed through decisions of English royal courts after the Norman Conquest in 1066. Initially, judges applied local customs in their decisions, but gradually developed a uniform “common law” across England based on principles that seemed most just and logical.²⁰
The common law system was rigid and formal, requiring specific writs to initiate actions. When existing writs didn’t provide adequate remedies, petitioners began appealing directly to the King for justice. These petitions were handled by the Chancellor, leading to the development of a parallel system called equity.
Equity developed to mitigate the harshness of common law. It provided remedies like specific performance, injunctions, and rescission that weren’t available at common law. After centuries of separate administration, the Judicature Acts of 1873-1875 merged common law and equity courts in England, a system Nigeria has adopted.
While the administration of common law and equity is now unified, the distinction between legal rights (arising from common law) and equitable rights remains significant in determining available remedies.
Conclusion
Understanding these classifications is essential for legal analysis and practice. They are not rigid compartments but rather useful frameworks for organizing legal knowledge. As Justice Woolf noted, “The line between civil and criminal law is rather fluid as they overlap,” and “so much of Nigerian land law is now public law with the enactment of the Land Use Act.”²¹
For law students, these classifications provide a roadmap for navigating the complex legal landscape. They help identify which laws apply in specific situations and which procedures to follow. As you progress in your legal studies, you’ll see how these classifications interact and sometimes overlap, reflecting the dynamic and interconnected nature of law itself.
To deepen your understanding of these concepts, explore our guides on law in social context, methods of social control through law, and sources of law in Nigeria. For practical application of these concepts, see our resources on legal reasoning in judicial process and legal research and writing.
Footnotes
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Summa Theologica, Encyclopaedia Britannica, Chicago, 1955, p.91. ↩
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Exodus, Chapter 20 verses 1 to 17. ↩
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L.L. Fuller, The Morality of Law (rev. ed.) New Haven, 1969, p.15. ↩
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Lloyds, Introduction to Jurisprudence, ELBS, London, 1985, p. 93. ↩
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Lon Fuller, The Morality of Law. ↩
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Cicero, De Republica III, xxii, 33. ↩
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H.L.A. Hart, “Positivism and the Separation of Law and Morals” 71 Harvard Law Review 593, pp. 601-602. ↩
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(2001) NWLR (Pt. 32) 87, pp. 128-129. ↩
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N. Tobi, Source of Nigerian Law, 1996, MIJ Publishers Ltd, Lagos, p.15. ↩
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See Mellor v. Denham (1880) 5 QB d 467. ↩
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Cap C38 LFN 2004. ↩
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Cap P3 LFN 2004. ↩
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Rules of Court for civil cases in Nigeria include the High Court of Lagos State (Civil Procedure) Rules, Court of Appeal Rules, and Supreme Court Rules. ↩
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Cap C41 LFN 2004 for the Criminal Procedure Act. ↩
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Cap C42 LFN 2004 for the Criminal Procedure Code. ↩
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Cap S6 LFN 2004 for the Sheriff and Civil Processes Act. ↩
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See Article 38(1) of the Statute of International Court of Justice. ↩
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See Shaw W. Malcom, International Law, 4th ed. Cambridge University Press, 1997. ↩
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See Section 36(17) of the 1999 Constitution of Nigeria, which requires criminal offenses to be defined in written law. ↩
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Obilade A.O., The Nigerian Legal System, Spectrum Law Publishing, Ibadan (1979). ↩
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Woolf L.J., “Public Law – Private Law: Why the Divide? A Personal View” [1986] P.L. 220. ↩
