The basic law is a discipline that elucidates the classification and function of studying law.
It is a field that is not useful for solving daily life, but as you study, it becomes quite important whether you have knowledge of this “basic law“.
Types of law classified by existence form
First divided into natural law and positive law
- Natural law refers to something that is universal (something that can be said in common everywhere) and is commonplace, even if it is not published in the text. For example, don’t kill people, it’s level.
- Positive law refers to the fact that the decisions of the Diet and courts, social conventions, etc. have become superficial through texts, etc., and as a result, everyone can recognize them.
Positive law is divided into statutory law and non-statutory law
Positive law is divided into “statutory law” and “non-grammatical law” depending on whether it is written as a law. Statutory law refers to what is written as a law, such as the constitution, civil law, and criminal law. Unwritten law and is, but have not been documented as law, shall have the same effect as an integral and law refers to, case law and common law, such as you hit on this.
Statutory law is divided into domestic law and international law
Statutory law is divided into “domestic law” and “international law” depending on whether the subject of the applicable law regulates only one domestic relationship or the relationship of multiple countries. The law that is valid in one country is called the domestic law, and the Constitution of Japan corresponds to this. Which defines a plurality of countries of relationships the international law is referred to as, the Convention such as the Universal Declaration of Human Rights is around to this.
Domestic law is divided into public law and private law
Laws documented as laws are divided into “public law” and “private law” depending on who they are intended for. Law governing the relationship between the national and local governments internal problems and my people that the public law is called, the Constitution, the Local Autonomy Law, criminal law, etc. is around to this. The law that regulates private relationships is called private law, and it corresponds to civil law and commercial law.
Types of methods to classify from applicable relationships
Multiple laws can be used in the same situation. When considering “which law applies in this case”, we classify it into “general law” and “special law”. How basic law also be applied in such situations that the general law is called, the law to be limited to special situations that the special law is called.
Types of law to classify based on whether the intentions of the parties are respected
Depending on whether the intentions of the parties are respected, there are two types of classification: “voluntary regulations” and “forced regulations .” A provision that allows a party to express an intention contrary to the provisions of the law to produce an effect not stipulated in the law is called a voluntary law, and it is also written in the law by the manifestation of the intention of the party. It shall not Kutsugaese a certain effect the mandatory law is called.