Kinds of Special Law

             According to Salmond, the whole body of law can be divided 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 certain other bodies of legal rules which are so special and exceptional in their nature, sources or application that it is inconvenient to treat them as standing outside the general and ordinary law.

        According to Salmond  there are six kinds of special laws those are Local Law, Foreign Law, Conventional Law, Autonomic Law, Martial Law and International Law as Administered in Prize Courts.

1) Local laws :

         Local Law is the law of a  particular locality and not the general law of the whole country. There maybe customs which have obtained the force of law in certain localities and within those localities, that customary law supersedes the general law.
         Local law is older than general law. Even before common law was evolved in England, there existed the customary law of the local communities.

         
2) 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. However, ignorance of foreign law is like the ignorance of foreign law is like the ignorance of a fact and can be excused.

            In some cases, foreign law has to be taken into consideration to do justice between the parties. In the case of the contract entered into in a foreign country, justice cannot be done fully unless the case is decided according to the law of the place where the contract was entered into.
            Every state has evolved a set of rules which prescribe the conditions and circumstances in which foreign law is enforced by its Courts.


3) Conventional Law

            Conventional law has its sources 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 a cooperative society.  Some other examples of conventional or are the articles of association of a company, partnership etc.

4) Martial Law : 

 Martial law is the law administered in Courts  maintained by military authorities.

There are three kinds of Martial law are as follows -


1)  It is the law of the discipline and control of the army itself and he is commonly known as the military law. It affects the army alone and never the civil population.


2)  The second kind of Martial Law is that by which in times of war, the army governs any foreign land in its military occupation. The country is governed by the military commander through the prerogative of the sovereign. The law in this case depends upon the pleasure of military commanders.


3) The third kind of Martial Law is the law by which in times of war, the army governs the realm itself in derogation of the civil law so far as the same is required for public safety or military necessity. The temporary establishment of military justice can be justified on the ground of necessity. The establishment of a military Government and military justice is known as the proclamation of Martial Law. Courts  cannot question the validity of the action of a military commander if he had acted honestly.

5) Autonomic Law

              Autonomic law is meant that species of law which has its source in various forms of subordinate legislative authority possessed by private persons and bodies of persons. A Railway company make bye-laws for regulating its traffic.  Likewise a University May make statutes for the Government of it members.  An incorporated company can alter its articles and impose new rules and regulations upon the shareholders. 
             Although autonomic law is not incorporated into the general law of the community, these rules are constituted by the exercise of autonomic powers of private legislation. Autonomic laws are made by autonomous bodies for the Government of their members.


6) International Law as administered in Prize Courts ( Prize Law)

                    International law is a kind of conventional law. As a special law, it refers to the portion of the law of nations which is administered by the Prize of the  Courts of the State in times of war. Prize law is that part of law which regulates the practice of the capture of sheeps and cargoes at sea in times of war . International law requires that all states desiring to exercise the right of capture must establish and maintain within their territories what are known as Prize Courts. It is the duty of those Courts to investigate the legality of all the captures of ships and cargoes.


7) Mercantile Law : 

                  Mercantile customs : Another kind of special law consists of the body of mercantile usage known as the Law Merchant. The whole of the Indian law relating to hundis derives its origin from mercantile customs.