Salmond's Definition and Classification of Law

2026-05-16

Exam Snapshot

Salmond's definition ("principles recognized/applied by State in administration of justice") is a classic MCQ topic. Focus on his distinction of 'Civil Law' as law in the strict sense.

Core Concept

Salmond emphasizes judicial recognition. Unlike Austin (command), Salmond views law as principles applied by courts to administer justice.

• Law in the strict sense: Civil Law.

Salmond's Eight Kinds of Law

• Imperative: Sovereign command.
• Physical/Scientific: Laws of nature.
• Natural/Moral: Right and wrong.
• Conventional: Agreements between parties.
• Customary: Established traditions.
• Practical/Technical: Rules of skill.
• International: Relations between states.
• Civil: Law of the land.

Nepal Law Anchors

• Article 128(4): Supreme Court precedent is binding, which aligns with Salmond’s focus on judicial application of law.

Confusable Terms

• Salmond vs. Austin: Salmond = Justice/Court administration; Austin = Sovereign command.

MCQ Traps

• Identifying International Law or Customary Law as 'law in the strict sense' in Salmond's view (it is only Civil Law).

Example

Question: According to Salmond, what is 'law in the strict sense'?

Answer: Civil Law.

Memory Hook

• SALMOND: State Applies Legal Mandates Only (for) Nobility Delivering Justice.

Quick Revision

• Definition: State-recognized principles for justice.
• Key Element: Judicial application.
• Strict Sense: Civil Law.