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There are many diverse interpretations of the term law. It is possible that Baron De Montesquieu's perspective, which he outlined in his book Spirit of the Law, best illustrates this point. He wrote:

"Laws" may have a broad variety of implications, but generally speaking, they refer to any required connection that derives from anything in nature. In this view, all entities have their own laws, including the Deity, who has his own rules, the material universe, which also has its own laws, intelligences that are more advanced than man, which also has its own laws, the animals, which each have their own laws, and man, who has his own law.

As can be seen from the above, the term "law" may refer to more than one thing at the same time. Therefore, it is very necessary to take into account the many various kinds of legislation. They are as follows:

Eternal Law

Divine Law

Natural Law

Human or Positive Law

1. The Eternal Law The term "eternal" refers to anything that will continue to exist for all of time. Laws that are considered eternal are those that have been in effect from the beginning of time and will continue to do so until the end of time. These statutes will not be modified under any circumstances. The law of gravity is a particularly excellent illustration of an everlasting rule. It has been recognized from the beginning of time that whatever goes up must eventually fall down. Since this rule would not be subject to modification, it is appropriate to consider it to be eternal.

2. Divine Law: Laws created by a god to oversee the affairs of man are said to as being under the category of "divine law." One of the best examples of divine law is found in Islamic law, which is posited to have been given by God in the Qur'an. It is stated that God sent his will to the Prophet Mohammed in the form of rules in order to direct the activities of man.

The idea that God, who is believed to be both all-knowing and all-wise, is in the best position to set rules for the benefit of humanity is the rationale that underpins the application of divine law.

3. Natural Law: In the context of the law, one definition of natural law is the interpretation of legal principles held by natural law theorists. It is believed that this law is the law that is intrinsic in all people and that it may be derived via the use of reason. For instance, people throughout the world generally agree that murder is abhorrent and that those who commit it should be punished.

It is often held that positive law must conform to what is referred to as "natural law" in order for it to be considered legitimate. In the event where positive law contradicts natural law, this might result in unfair treatment of some members of society.

4. Positive Law, commonly referred to as Human Law: Positive Law is sometimes considered to be the same thing as human law. These are the rules that have been set in place by man in order to direct the behavior of members of society. People who have been granted the ability to make laws, either directly or indirectly by the society, are the ones responsible for writing such laws. The concept of legal positivism does not take into account ethical considerations. Legislation is only considered legitimate when it has been signed into effect by those in positions of power.

Professor HLA Hart, a positivist, is quoted as saying that

There is no required relationship between law and morality or law as it is (lex lata) and law as it ought to be (de lege ferenda). The law is a command, therefore there is no connection between law and morals.

The Constitution of 1999, the Company and Allied Matters Act, the Banks and Other Financial Institutions Act, and a whole host of other pieces of legislation written by man are all examples of positivist legal theory.

THE DIFFERENT CATEGORIES OF LAW

The many categories into which all disciplines of law might be grouped are referred to as legal classifications or classifications of law. A particular categorization of law includes all possible varieties of law but organizes them in accordance with a certain quality that distinguishes them from one another.

The following is a list of the primary divisions that may be found in law:

Public and Private Law

Civil Law and Criminal Law

Substantive and Procedural Law

Municipal and International Law

Written and Unwritten Law

Common Law and Equity

1. The Difference Between Public and Private Law The term "public law" refers to the branch of the legal system that addresses issues regarding the relationship between a state, its residents, and other states. It is a rule that controls the interaction between a higher party, the state, and a lower party, the people. The state is the higher party. Constitutional law, administrative law, criminal law, international law, and other types of law are all examples of different types of public law.

On the other hand, private law is a sub-genre of the law that focuses on the interactions between private individuals. This area of the law is known as the law of relationships. Some examples of this kind of law include the law of torts, the law of contracts, the law of trusts, and other similar laws.

2. Civil Law and Criminal Law: Civil law, in this context, can be defined as the facet of the law that deals with the relationship between citizens and offers means for remedies in the event that the rights of a citizen are violated. Criminal law, on the other hand, deals with crimes that have been committed against individuals. Contract Law, Tort Law, Family Law, and other areas of civil law are examples of civil law practice.

On the other hand, one definition of criminal law is "that part of the law that governs crime in society." Criminal Law is an element of the law. It punishes behaviors that are deemed detrimental to the general welfare of the community. The Criminal Code Act is an example of a piece of criminal legislation that is applicable in the southern region of Nigeria.

The burden of evidence that must be met in a criminal proceeding is proof beyond a reasonable doubt, as specified by Section 135 of the Evidence Act of 2011. Additionally, the prosecution does not have the burden of evidence reduced in any way. The result is that the state must establish beyond a reasonable doubt that the crime was committed before a conviction can be obtained.

On the other hand, the burden of proof in civil actions is the preponderance of the evidence, as specified in Section 134 of the Evidence Act of 2011. Furthermore, when both parties are required to prove their respective cases, the weight of evidence changes between them. In most cases, the party that has been able to show its case in a more convincing manner is the one that is awarded the benefit of the doubt by the judge.

3. Substantive Law and Procedural Law Substantive law is the major body of law that deals with a certain field of law. Procedural law is the rules that govern how substantive law is applied. For instance, the Criminal Code Act and the Penal Code Act are both considered to be part of the substantive law in connection to the Criminal Law.

On the other hand, procedural law is a kind of law that deals with the process that the courts are required to follow in order to execute substantive law. This type of legislation is known as "law in procedure." The Administration of Criminal Justice Act 2015, which is the procedural legislation in regard to the Criminal Code Act and the Penal Code Act, is one example. Other examples include the regulations of the several courts.

4. Municipal/Domestic Law and International Law Municipal/Domestic law is the element of law that originates from and has an impact on members of a particular state. International law is the branch of law that governs international relations. The Constitution of the Federal Republic of Nigeria 1999 (as amended), which is the sole law that is applicable in Nigeria, is an example of a municipal law that is exclusive to Nigeria.

On the other hand, international law is the body of law that governs relations between nations. It often takes the shape of treaties, international norms, and other such things, and its purpose is to control the relationship between nations that are sovereign in their own right. The Universal Declaration of Human Rights and the African Charter on Human and People's Rights are both examples of international law.

It is important to remember that international treaties cannot have the force of law in Nigeria unless they are passed by the Nigerian National Assembly. This is stated in the provision of S.12 of the Constitution of 1999 (as amended), which was adopted in 1999.

5. A Law Is Not Considered to Be Written Simply Because It Is Put Down In A Document A law is not considered to be written simply because it is written down in a document. Written laws are those laws that have been passed by a country's legislature in a way that is considered to be legitimate.

On the other side, unwritten laws are laws that are not adopted by the legislature and hence are not written down. They consist of case law in addition to customary law. As a fundamental component of its makeup, customary law is almost never codified in writing form. Case law, despite the fact that it is recorded in a documentary manner, is considered as unwritten law since it is not adopted by the legislature. This is the case even when case law is written down in a documentary format.

The notion of being a good neighbor, which was established in the case Donoghue vs. Stevenson, is one illustration of this concept. According to this guiding concept, businesses that produce goods have a responsibility to exercise the highest level of caution in their production processes so that customers who use their wares do not get any injuries as a direct consequence of using those goods. This idea has not been codified in a legislation, but has been established via case law and is thus relevant in Nigerian courts.

6) The phrase "common law and equity" refers to the law produced by the historic common law courts of the King's Bench, Common Pleas, and the Court of Exchequer, which are still in existence in certain countries.

Because it is a body of law that is shared by all regions of England, the English common law is referred to as "common law." It emerged through time as a result of the people's ingrained rituals, traditions, and way of life. The majority of it is oral in nature. The King himself served as the court's first judge under common law. People who had disagreements would often bring them before the King so that he might resolve them.

However, because of pressing affairs of state, the monarch was unable to resolve each and every dispute. As a direct consequence of this, the monarch designated some members of his court to act as substitutes for him when mediating conflicts. Because the monarch delegated his power to these judges, disobedience to them resulted in the same penalty as disobedience to the king himself: instant execution.

When it came time to resolve legal issues, these many judges would traverse the length and width of the kingdom. In order to resolve any conflicts that arose after they arrived at a certain site, they used the local norms and practices about the law. It was common practice for these itinerant judges to meet together on a regular basis in order to discuss and debate the many local legal systems they had seen throughout their travels.

They abandoned the traditions that were seen to be absurd and adopted the practices that made the most logical sense. This resulted in the amalgamation of several traditions, which were then implemented over the whole of the realm. This eventually developed into what is known as the common law of England.

The common law, on the other hand, was harsh, formal, and full of legalism. One illustration of this was seen in the organization of its writs. There was no legal recourse available for any action that could not be accommodated by a writ. In addition, the only remedy that could be pursued under common law was that of monetary compensation.

Because of the severity of common law, the people petitioned directly to the King for a ruling. As the Prime Minister of the King's government, the Lord Chancellor was the official who handled the majority of these petitions. His court was known as the Court of Chancery and Equity during his time. As a bishop most of the time, the Lord Chancellor was responsible for ensuring that judgments were made in accordance with natural law and the principles of justice.

As a direct consequence of this, there was contention between the court of common law and the court of chancery. The case involving the Earl of Oxford brought this issue to its climax. In this particular instance, the plaintiff was the assignee of a lease, and he used the property in question to construct a home and start a garden. After that, the defendant who was also the owner of the property made an effort to have him removed from the land. As a result, the assignee initiated legal action but was unsuccessful under common law; he then appealed the decision to the court of chancery.

His petition was granted by the court of equity, and he was given permission to remain on the property. Using natural law as his justification, Lord Ellesmere argued that it was only fair and right for a person who constructs a home to be allowed to dwell in that house. The court agreed.

As a result of this decision, Lord Coke, the Chief Justice of the King's Bench, accused the Lord Chancellor of interfering with the common law rule of interpretation. The situation was brought to the attention of the King, who sent it to Lord Francis Bacon. Francis Bacon was a supporter of the court of equity and made the decision that equity would take precedence wherever there was a conflict between common law and equity law.

This judgement, on the other hand, did not contribute to fully resolving the conflict that existed between the two courts. This was owing to the fact that the common law courts could only give the remedy of damages, and as a result, anybody seeking a different remedy would first go via the common law courts before proceeding to the courts of equity to seek relief.

The two judicial systems were eventually combined into a single court under the authority of the Judicature Act of 1875, which was the culmination of decades of gradual consolidation efforts. However, despite the fact that they are both used in the same legal system, the laws of equity and common law may be differentiated from one another. Because of this, the statement that "Even though the two streams now flow into one, their waters do not mingle" may be understood.