Scribd
Upload
597 views5 pages

Public Vs Private Law

Private law governs relationships between individuals, such as contracts and torts. It does not involve the state directly. Public law involves relationships between individuals and the state, including constitutional law and criminal law. The distinction between public and private law is not always clear, and some areas of law involve elements of both.

Uploaded by

Naif Omar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
597 views5 pages

Public Vs Private Law

Private law governs relationships between individuals, such as contracts and torts. It does not involve the state directly. Public law involves relationships between individuals and the state, including constitutional law and criminal law. The distinction between public and private law is not always clear, and some areas of law involve elements of both.

Uploaded by

Naif Omar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 5

Private law 

is that part of a civil law legal system which is part of the jus commune that involves


relationships between individuals, such as the law of contracts or torts[1] (as it is called in
the common law), and the law of obligations (as it is called in civil legal systems). It is to be
distinguished from public law, which deals with relationships between both natural and artificial
persons (i.e., organizations) and the state, including regulatory statutes, penal law and other law that
affects the public order. In general terms, private law involves interactions between private
individuals, whereas public law involves interrelations between the state and the general population.

Private law in common law jurisdictions[edit]


The concept of private law in common law countries is a little more broad, in that it also
encompasses private relationships between governments and private individuals or other entities.
That is, relationships between governments and individuals based on the law of contract or torts are
governed by private law, and are not considered to be within the scope of public law.

Areas of private law[edit]


 Civil law
o Law of contract
o Law of torts
o Law of unjust enrichment
o Law of trusts
o Law of agency
o Law of property
o Family law family-related issues and domestic relations including marriage, civil
unions, divorce, spousal abuse, child custody and visitation, property, alimony, and child
support awards, child abuse issues, and adoption.
o Succession, estate, probate, and testamentary laws

Body of law governing private persons, their properties, and relations (with other private persons)
which do not directly concern the state.

Read more: http://www.businessdictionary.com/definition/private-law.htmlBody of law governing


private persons, their properties, and relations (with other private persons) which do not directly
concern the state.

Read more: http://www.businessdictionary.com/definition/private-law.html

ublic law is that part of law which governs relationships between individuals and the government,
and those relationships between individuals which are of direct concern to society.[1] Public law
comprises constitutional law, administrative law, tax law and criminal law,[1]as well as all procedural
law. In public law, mandatory rules prevail. Laws concerning relationships between individuals
belong to private law.
The relationships public law governs are asymmetric and unequal – government bodies (central or
local) can make decisions about the rights of individuals. However, as a consequence of the rule of
law doctrine, authorities may only act within the law (secundum et intra legem). The government
must obey the law. For example, a citizen unhappy with a decision of an administrative authority can
ask a court for judicial review.
Rights, too, can be divided into private rights and public rights. A paragon of a public right is the right
to welfare benefits – only a natural person can claim such payments, and they are awarded through
an administrative decision out of the government budget.
The distinction between public law and private law dates back to Roman law. It has been picked up
in the countries of civil law tradition at the beginning of the nineteenth century, but since then spread
to common law countries, too.
The borderline between public law and private law is not always clear in particular cases, giving rise
to attempts of theoretical understanding of its basis.

Public law in civil law and common law jurisdictions [edit]


See also: Magna Carta

Rule of law, the idea that the administration of the state should be controlled by a set of laws,
originated in Greek Antiquity and was revitalized by modern philosophers in France (Rousseau),
Germany (Kant) and Austria in the 18th century. It is related to the strong position of the central
government in the era of enlightened absolutism, and was inspired by the French
Revolution and enlightenment. It developed hand in hand with the creation of civil codes and criminal
codes.

Areas of public law[edit]


Constitutional law[edit]
In modern states, constitutional law lays out the foundations of the state. Above all, it postulates the
supremacy of law in the functioning of the state – the rule of law.
Secondly, it sets out the form of government – how its different branches work, how they are elected
or appointed, and the division of powers and responsibilities between them. Traditionally, the basic
elements of government are the executive, the legislature and the judiciary.
And thirdly, in describing what are the basic human rights, which must be protected for every person,
and what further civil and political rights citizens have, it sets the fundamental borders to
what any government must and must not do.
In most jurisdictions, constitutional law is enshrined in a written document, the Constitution,
sometimes together with amendments or other constitutional laws. In some countries, however, such
a supreme entrenched written document does not exist for historical and political reasons –
the Constitution of the United Kingdom is an unwritten one.

Administrative law[edit]
Administrative law refers to the body of law which regulates bureaucratic managerial procedures
and defines the powers of administrative agencies. These laws are enforced by the executive
branch of a government rather than the judicial or legislative branches (if they are different in that
particular jurisdiction). This body of law regulates international
trade, manufacturing, pollution, taxation, and the like. This is sometimes seen as a subcategory
of civil law and sometimes seen as public law as it deals with regulation and public institutions
Criminal law[edit]
Criminal law involves the state imposing sanctions for defined crimes committed by individuals or
businesses, so that society can achieve its brand of justice and a peaceable social order.

Theoretical distinction between private and public law [edit]


In German-language legal literature, there is an extensive discussion on the precise nature of the
distinction between public law and private law. Several theories have evolved, which are neither
exhaustive, nor are they mutually exclusive or separate from each other.
The interest theory has been developed by the Roman jurist Ulpian: "Publicum ius est, quod ad
statum rei Romanae spectat, privatum quod ad singulorum utilitatem. (Public law is that, which
concerns Roman state, private law is concerned with the interests of citizens.) The weak point of this
theory is that many issues of private law also affect the public interest. Also, what exactly is this
public interest?
The subjection theory focuses on explaining the distinction by emphasizing the subordination of
private persons to the state. Public law is supposed to govern this relationship, whereas private law
is considered to govern relationships where the parties involved meet on a level playing field. This
theory fails in areas commonly considered private law which also imply subordination, such
as employment law. Also, the modern state knows relationships in which it appears as equal to a
person.
The subject theory is concerned with the position of the subject of law in the legal relationship in
question. If it finds itself in a particular situation as a public person (due to membership in some
public body, such as a state or a municipality), public law applies, otherwise it is private law.
A combination of the subjection theory and the subject theory arguably provides a workable
distinction. Under this approach, a field of law is considered public law where one actor is a public
authority endowed with the power to act unilaterally (imperium) and this actor uses that imperium in
the particular relationship. In other words, all depends whether the public authority is acting as a
public or a private entity, say when ordering office supplies. This latest theory considers public law to
be a special instance.
There are areas of law, which do not seem to fit into either public or private law, such
as employment law – parts of it look like private law (the employment contract), other parts like
public law (the activities of an employment inspectorate when investigating workplace safety).
The distinction between public and private law might seem to be a purely academic debate, but it
also affects legal practice. It has bearing on the delineation between competences of different courts
and administrative bodies. Under the Austrian constitution, for example, private law is among the
exclusive competences of federal legislation, whereas public law is partly a matter
of state legislation.
Body of law governing relations between a state and its citizens, and dealing with the structure and
operation of the government. It covers administrative law, constitutional law, and criminal law.

Read more: http://www.businessdictionary.com/definition/public-law.html

Private law applies to relationships between individuals in


a legal system. e.g. contracts and labor laws. Public law applies to the
relationship between an individual and the government. e.g. criminal
law.
Comparison chart

Private Law versus Public Law comparison chart

Private Law Public Law


Governs Relationships between individuals, such as the the Law The relationship between
of Contracts and the Law of Torts. individuals and the state.

Subdivision Civil law, labor law, commercial law, corporate law, Constitutional, administrative and
s competition law. criminal.

Other terms Common law (in Canada and much of the US) None

Contents: Private Law vs Public Law


 1 Definition
 2 Subdivisions
 3 Example
 4 References

Definition
Private law governs relationships between individuals, such as contracts and the
law of obligations. In countries where it is known as “common law,” it also
includes contracts made between governments and individuals.
Public law is law governing the relationship between individuals (such as
citizens and companies) and the state.

Subdivisions
Private law includes civil law (such as contract law, law of torts and property
law), labor law, commercial law, corporations law and competition law.
Public law includes constitutional law, administrative law and criminal law.
Constitutional law considers the relationship between the state and the
individual and between different branches of the state. Administrative law
regulates bureaucratic managerial procedures and defines powers of
administrative agencies. Criminal law involves that state imposing sanctions for
defined crimes.

Example
Smoking indoors is a classic example of public vs private law regulation. As a
public law, smoking indoors is prohibited is certain countries.
However, people formed membership clubs where the agreement between the
member and the property owner is a private law which the government has no
regulation over. Covered by this private law, the members are then allowed to
smoke indoors.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy