What law is and its branches
Law is a body of rules made or recognised by the State and enforced by courts. It is divided into branches such as public and private, civil and criminal.
What law means
Law is a set of rules of conduct that the State makes or recognises and that the courts enforce. John Austin called law a command of the sovereign backed by a sanction (a penalty). Salmond described it as the body of principles recognised and applied by the State in the administration of justice. In simple words, law tells people what they must do and must not do, and the power of the State stands behind it. For example, a shop owner in Galle who does not pay her workers' EPF contributions can be taken to court by the labour authorities. That is the difference between a legal rule and a mere custom or good habit.
Features of law
- Rules of human conduct: law deals mainly with what people do, not with what they think.
- Made or recognised by the State: Parliament makes Acts; courts declare and apply the law.
- Backed by sanctions: breaking the law brings damages, fines, imprisonment or other penalties.
- General and equal: the same law applies to everyone; equality before the law is a fundamental right in the Constitution.
- Published and fairly certain: Acts and regulations are published, so people can know them.
- Aims at justice and order: law protects rights, settles disputes and keeps peace in society.
- Changes with society: new Acts replace old ones, e.g. the Companies Act No. 7 of 2007 replaced the earlier Companies Act.
Branches of law
| Branch | Meaning | Examples |
|---|---|---|
| Public law | Rules on the State and its relations with persons | Constitutional law, administrative law, criminal law, tax law |
| Private law | Rules between private persons and businesses | Contract, delict (civil wrongs), property, family law, succession, partnership |
| Substantive law | Creates and defines rights and duties | Law of contract, Sale of Goods Ordinance, Companies Act |
| Procedural law | Lays down how rights are enforced in court | Civil Procedure Code, Code of Criminal Procedure |
| National law | Law that applies within Sri Lanka | Acts of Parliament, Roman-Dutch common law |
| International law | Rules between States | Treaties and trade agreements |
| Written law | Law enacted in written form | Acts, Ordinances, regulations, by-laws |
| Unwritten law | Law not enacted by a legislature | Roman-Dutch common law, judicial precedent, custom |
Civil law and criminal law compared
| Point | Civil law | Criminal law |
|---|---|---|
| Purpose | To remedy a private wrong, usually with compensation | To punish a wrong against society |
| Who starts the case | The injured person (plaintiff) | The State, through the police or the Attorney-General |
| Names of parties | Plaintiff and defendant | Prosecution and accused |
| Standard of proof | Balance of probabilities | Beyond reasonable doubt |
| Result | Damages, specific performance, injunction | Fine, imprisonment, other punishment |
| Usual first court | District Court | Magistrate's Court or High Court |
| Business example | A supplier sues a customer for an unpaid invoice | A cashier is charged for stealing the day's takings |
A Sri Lankan business meets many branches of law at once: company law to exist, contract law to buy and sell, labour law to employ staff, tax law to deal with the Inland Revenue, and criminal law if an employee commits fraud. The same act can be both: a cashier who steals is prosecuted (criminal) and can also be sued for the money (civil).
Short answer: “Define law.” Law is the body of rules of conduct made or recognised by the State and enforced by the courts through sanctions (Salmond; Austin).
Structured question: “Distinguish between civil law and criminal law.” Compare purpose, who starts the case, names of parties, standard of proof, result and courts. Add one business example of each. A table is ideal.
Essay: “Explain the meaning of law and describe its main branches with examples.” Give two definitions, list the features of law, then explain public and private, civil and criminal, substantive and procedural, national and international law, with an example for each.
Branches come in pairs: public / private, civil / criminal, substantive / procedural, national / international, written / unwritten.