1. General Law and Special Law
The
whole body of law can be dividing into two parts: general law and special law.
General Law consists of the general or the ordinary law of the land. Special
law consists of the general or the ordinary of the land. Special law consists
of certain other bodies of legal rules which are so special and exceptional in
their nature, source or application that it is inconvenient to treated them as
standing outside the general and ordinary law. General Law consists of those
legal rules which are taken judicial notice of by the courts whenever there is
any occasion for their application. Special law consists of the legal rules
which courts will not recognize and apply them as a matter of course but which
must be specially proved and brought to the notice of the courts by the parties
interested in their recognition.
According
to is meant the knowledge which any courts ex-officio, possesses and acts upon
as contrasted with the knowledge which a court is bound to acquire on the strength
of evidence produced for the purpose. For example, the court is presumed and
bound to take judicial notice of the fact that there is monarchy is England and
a republic in Pakistan.
2. Kinds of Special Law
Salmond
refers to six kinds of special laws and those are Local Law, Foreign Law,
Conventional Law, Autonomic law and International Law as administered in Prize
Courts.
a. Local Law
It
means law which applies to a particular locality. It may be local customary law
having its orign in immemorial customs prevailing in that locality or local
enacted law, proceeding from local legislative authorities such a country
Councils, Borough Councils, Municipalities etc.
In
addition to local customary law, there may be local enacted law which consists
of enactment emanating from subordinate local legislating authority. They are
recognized as having full force in the locality for which they have been
formulated.
b. Foreign Law
It
is essential in many cases to take account of a system of foreign law and to determine
the rights and liabilities of the parties on that basis. Ignorance of law is no
excuse and everyone is supposed to know the law of the land.
c. Conventional Law
Conventional
Law has its source in the agreement of those who are subject to it. Agreement
is law for those who make it. Examples of conventional law are the rules of a
club or cooperative society. Some other examples of conventional law are the
articles of association of a company, articles of partnership etc.
d. Autonomic Law
By
autonomic law is meant that species of law which has its source in various
forms of subordinate legislative authority possessed by private person and
bodies of persons. A railway company make bye laws for regulating its traffic.
3. International Law
International
Law is a kind of conventional law. As a special law, it refers to that portion
of the law which regulates the practice of the capture of ships and cargoes at
sea in times of war. International law requires that all states desiring to
exercise the right of capture must establish and maintain within their
territories what are known as Prize Courts.
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