Types of Law

As we have noted previously, one of the most important functions of government is ensuring the security of its people. When we think of security, it is defence that first springs to mind—the work of the security forces in dealing with external threats. But what is more important in the day-to-day lives of ordinary people is internal security, that is, ensuring that law and order is maintained.

Concerns in this respect can be seen in the commandments issued by religions, even before codes of law were developed. All religions, for instance, forbid murder and robbery. Even though such actions are perpetrated by some individuals against others, it is recognised that they have a bearing on society as a whole. Such actions are termed criminal acts, and dealing with them is seen in most societies as the direct responsibility of the government. Unless stern public action is taken in such cases, the security of the entire society is threatened.

When a case is brought under Criminal law then, it is the government that prepares the case and prosecutes the accused. Since these are serious issues, and punishment is severe, the guilt of the accused should be clearly established. It is necessary, therefore, that the prosecution proves its case beyond reasonable doubt in such cases to avoid punishment of the innocent. Otherwise, the accused is acquitted.

Other offences, though defined and dealt with by the law, are seen as affecting individuals alone. So cases such as disputes about land or contracts, or those involving personal relations such as divorce, come under what is termed Civil law.