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.