How is Law Classified
“The history of law is the history of civilization, and law itself is only the blessed tie that binds human society together. …Our long armed and hairy ancestors had no idea of redress beyond vengeance, or of justice beyond mere individual reprisal. The law, like everything we do and like everything we say, is a heritage from the past.”
Thomas Hobbs’s portrayal of mankind seems to eliminate one of the substantial distinctions between man and other animals. The description of “long armed and hairy ancestors” fits perfectly with this belief and in fact Thomas Hobbs stated that “man in his natural state, is a vile beast that needs to be restrained by laws.” This is to say that without rules and laws governing his manners, man would naturally practise much more primitive behaviour. Thus in its most empirical form, law is a tool which civilisation has learnt to use throughout the ages in order to control certain natural human behaviour which might threaten, harm or otherwise endanger the safety and welfare of civil society. It is a method of protecting the rights of an individual through non-violent means and it, ‘is a rule of human conduct, imposed upon and enforced upon the members of a given state.’ The Latin maxim, “ubi societas ibi inus” illustrates that maintenance of peace and harmony within a society is only possible if the law exists. Thus this maxim revolves around the concept that law and modern civilised society are indivisible.
Classification of Law
Law may be classified in a variety of ways. Different jurisdictions around the world have their own systems of law with each system entailing its own classification. Because of Malta’s colourful colonial history, the Maltese legal system boasts its origin and influences from a number of legal schools, most notably the continental civil law system and the English common law system. Thus contemporary Maltese law is a mixture of both these systems and...