TYPES OF LAW

CONTENTS

1.0       Introduction

2.0       Objectives

• Main Content
• Eternal Law
• Divine Law
• Natural Law
• Human or Positive Law

4.0       Conclusion

5.0       Summary

6.0       Tutor Marked Assignment

7.0       References/Further Reading

INTRODUCTION

Laws in the widest possible connotations are any necessary relation arising from a things’ nature. In this sense, all beings have their laws: the Deity his laws, the material world, its laws, the intelligences superior to man, his laws, the beasts, their laws, man, his laws.

Since the use of the world “law” is so diverse, it is necessary to consider further the various types of law in order to deepen our knowledge of the nature of law within the context of our study.

OBJECTIVES

At the end of this unit, you will be able to know the following:-

• Different types of law
• That, at best, eternal law, divine law and natural law represents what ought to be law and not what is law
• That all beings have their laws

MAIN CONTENT

Eternal Law

The word eternal is derived from eternity. It literally means something that has always existed, has never changed and will always exist. Hence, eternal laws are laws that are constant, everlasting and universal. For instance, the laws of gravity, floatation and motion are the same all over the world since the time of the pre-historic cave man up till the present time. It is doubtful if any man-made law exists that fits the above definition of eternal law. This is because law is certainly not the same everywhere; it reflects different values in different cultures and different epochs.

Divine Law

The literal meaning of divine law is law of God. A perfect example of divine law is the Ten Commandments contained in The Holy Bible. Divine law is based on  the premise that man is incapable of making a valid and just law because he is sinful by nature. Hence, man must turn to God, who is the governing authority of the universe  for perfect law. Since God no longer physically hands over law to man as he was reported to have done for Moses in The Bible, the early Christians believed that the Pope was the only ultimate representative of God on earth vested with authority to expound and interpret divine revelations. The laws so interpreted and expounded were enacted into Papal Decrees and binding throughout the Roman Empire. Any other laws created by secular authorities were no law and did not command the obedience of the people.

Natural Law

Law of nature has been given different meanings. Some writers say it is that which accounts for the behaviour of creatures generally, whether human beings, animals and plants. For instance, plants under given circumstances behave in a particular way and it is the law of nature which makes us sleep, laugh and angry.

A good example of the law of nature is Law of Karma, Poetic Justice or Law of Sowing and Reaping. There is another theory regarding natural law guiding the behaviour of man as man because man has reason. This is called the natural law and not the law of nature.

Human or Positive Law

Positive Law means the same thing as human law. This is in contradiction to the type  of law earlier considered, that is eternal, divine and natural law. Law within the context of divine, eternal and natural law as earlier noted is a far cry from what obtains in the society. It is perhaps this observation that led the positivist school of jurisprudence to say that nothing is law except the one laid by the sovereign or his agent. At best,  eternal law, divine law and natural law represent what ought to be law and not what is law.

SELF-ASSESSMENT EXERCISE

Distinguish and explain different types of law.

CONCLUSION

We have discussed the various types of law in order to vividly understand laws in the widest possible connotations, and these laws are eternal law, divine law, natural law and human or positive law.

 SUMMARY

The law of any nation therefore is the aggregate of all the human laws contained in the different sources of law such as Statute, decided cases, International law etc. However, every state recognizes that law is what it makes it and that it has the responsibility to fashion its law in such a way that it can best achieve certain set objectives which may be different from time to time. If the law of a State does not meet the needs of that State, it will be the fault of that particular State and not God or nature.

TUTOR-MARKED ASSIGNMENT

Distinguish between eternal law and divine law. What fundamental change did the evolution of natural law bring in man’s conception of law?

  REFERENCES/FURTHER READING

Akaniro, E. G., (1997) – A Study Guide to the General Principles of Nigerian Law, Ikeja, Ekoon Press Ltd.

Dennis Lloyd, (1979) – The Idea of Law, England, Penguin Books.

Goodhart, A. L., (1959) – Essays In Jurisprudence and the Common Law

Sanni, A. O. ed., (1999) – Introduction to Nigerian Legal Method, Ile-Ife, Kuntel Publishing House.