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Legal classification of law
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Reasons for classification of law
Accessibility
The accessibility of the law is one of the key elements of justice and is a characteristic of just laws, thus making it important in the Australian legal system.
Classifying law, whether it is being categorised into private and public, civil and criminal, common and statute or otherwise allows different areas law to be better understood and comprehended. This is because they are being broken down and compared as opposed to people having to grapple with one complex and vast body of law.
Accessibility
Efficiency
Since the public are able to psychologically access the law, this also leads to greater efficiency in the legal system. This happens as a result of the public being able to directly communicate with the legal personnel relevant to their issue rather than having to go through multiple channels of communication.
Additionally, classifications of law allow matters to be fairly and promptly heard in a court of law since multiple courts with different purposes can run at once (e.g. courts with either civil or criminal jurisdiction).
Efficiency is important in ensuring justice is served without significant delay in order to protect the public interests.
Efficiency
Jurisdiction
Classifying law can help in identifying the jurisdiction that each of the courts should have.
For example, classifying law into private and public sectors has resulted in the identification of the need of courts with civil jurisdiction to hear private matters.
Further, the classification of law helps to detail the type of outcome that will result for public matters in comparison to private matters. For example, in a private matter, the appelant is aiming to recieve some sort of remedy from the other individual or organisation rather than the state.
Jurisdiction
Specialisation
Classifying areas of law means that legal personnel can specialise in their role in a specific area of law. As a result, the public and the state benefit from professionals who are experts at their specific roles. This also contributes positively to efficiency and the course of justice.