Theoretical overview
International and municipal law
International law, a term coined around 1800 by philosopher Jeremy Bentham, refers to the body of legal decisions, rules, and customs that regulate the discourse between nations (e.g., human rights, military intervention, and global concerns such as climate change).
International law is the set of rules generally regarded and accepted as binding in relations between states and nations. It differs from national legal systems in that it only concerns nations rather than private citizens. National law may become international law when treaties delegate national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions may require national law to conform.
Municipal law governs the actions of individuals and commercial entities within the borders of sovereign states (e.g., civil codes and criminal statutes). In common usage, especially in the United States, municipal or municipality, refers to a city or town. However, in the realm of international law, municipal refers to any sovereign entity, including countries, states, counties, provinces, cities, and towns. In short, municipal refers to the internal law of a sovereign government.
Public and private law
Private and public law are two branches of law that citizens of a country are subject to.
Private law is the area of law that governs the relationships between private individuals. In contrast, public law is the branch of law that deals with the relationship between the individual and the state.
This distinction is important because it governs which court system hears a case. Major difference is that private cases are heard in civil courts, while public cases are heard in criminal courts.
Private Law:
Private law is the area of law that governs relationships between private individuals.
This can include contracts, property rights, and tort law. Private law also covers family law, which includes divorce, child custody, and adoption.
The primary purpose of private law is to try and secure the private interests of the individuals in a community. Most of these interests are pecuniary/ monetary in nature.
When one party is wronged, attempts are made to make them whole again through damages or some other form of relief.
For example, if you get into a car accident caused by another driver’s negligence, you will file a lawsuit against them in civil court.
If the court rules in your favor, the other driver would be required to pay you for the damages they caused. In this instance, the goal of private law is to make the accident victim “whole” again by awarding them compensation.
Private law mostly touches on the following aspects:
Restitution: When a party is alleged to have breached the law, they will be compelled to restore the matter involved to the state or condition it was in before the breach.
Compensation: When a party is liable for damages, they will be required to pay the other party an amount that would make them whole again. This can be in the form of money or property.
Relief: In some cases, the court may order that one party take specific actions or refrain from taking certain actions. This is typically done to prevent future harm.
Public Law:
Public law, however, deals with the relationship between individuals and the state. It covers constitutional law, administrative law, and criminal law.
Constitutional law deals with the foundation of the government and the rights of citizens. It establishes the different branches of government and their powers, as well as the rights of individuals (e.g., freedom of speech and religion).
Administrative law deals with the procedures and rules that government agencies must follow.
Criminal law is the branch of public law that deals with punishable offenses. It establishes what behavior is considered criminal and the penalties for those crimes.
The primary purpose of public law is to protect society rather than individuals or private interests.
This is because when one person breaks the law, it can have a negative impact on society.
For example, if someone robs a bank, it not only harms the bank and its employees but also affects the community in which the bank is located. This is why public law focuses on punishing those who break the law to deter others from doing the same.
Public law also covers civil rights and civil liberties. These are the rights and freedoms that the government guarantees all citizens. They include the right to a fair trial, freedom of speech, and freedom of religion.
Substantive law and procedural law
The main difference between Substantive Law and Procedural Law is that Substantive Law defines the penalizing factors by considering the crime committed and the damages made, whereas Procedural Law lays down the process that the case follows and how the punishment is actually given. Substantive Law gives the outline of the case, and Procedural Law sets the actual process.
Substantive Law is the basis on which the relationship between the state government and the individuals, and individual to individual is defined.
Thus, substantive law is the actual outline of the law, which defines all the rules and regulations that the citizens have to follow.
This categorizes the violations into different types.
The Procedural Law defines the process that the court follows after the Substantive Law has been sentenced on any offender.
This includes all the court processes and practices done by the court to move the case forward. The methods defined by the procedural law are to be followed by the court and both the parties involved in the particular case.
Civil law and criminal law
Civil laws in a generic sense mean an injury or harm caused to an individual or any other private property (corporation) by the act or the behavior of any other person. The acts committed by the party are non-criminal in nature under Civil laws. It commonly deals with solving disputes between parties. Civil laws usually deal with relief by providing compensation or fine to the aggrieved party or to the Court. Damages caused by Civil laws are to be managed by compensation. Civil law does not create an offense against society at large, unlike Criminal Law.
Criminal law is the law that relates to crime and its related punishments. Criminal law deals with offences that are against conventional society. It is a crime against the state because of the evil nature of the crime and every member of society must know the heinous crime committed and the equivalent punishment given to the accused. There must be adequate awareness in the case of Criminal law rather than Civil law. Criminal law consists of acts that are harmful or otherwise endangering the health or property of a person. Criminal law focuses on punishment and retribution more than dispute resolving as seen in Civil law.
Points to remember
- International law is the set of rules generally regarded and accepted as binding in relations between states and nations
- Municipal law governs the actions of individuals and commercial entities within the borders of sovereign states. municipal refers to the internal law of a sovereign government.
- Private law is the area of law that governs relationships between private individuals. This can include contracts, property rights, and tort law. Private law also covers family law, which includes divorce, child custody, and adoption.
- Public law, however, deals with the relationship between individuals and the state. It covers constitutional law, administrative law, and criminal law.
- Substantive Law is the basis on which the relationship between the state government and the individuals, and individual to individual is defined.
- The Procedural Law defines the process that the court follows after the Substantive Law has been sentenced on any offender.
- Civil laws in a generic sense mean an injury or harm caused to an individual or any other private property (corporation) by the act or the behavior of any other person.
- Criminal law is the law that relates to crime and its related punishments. Criminal law deals with offences that are against conventional society. It is a crime against the state.
