Differences and Comparison between Private Law and Public Law - Essay Example

? Differences and Comparison between Private law and Public Law Department Introduction Private law is referred to as the standards and rules laying down the responsibilities and privileges among private individuals. Public law on the other hand refers to the standards and rules specifying responsibilities and privileges among private individuals and the government. Public law is also regarded as the rules and regulations that control responsibilities and privileges in a situation between a member of the public and the government. In public law, the government may either be implicated openly or not. Law is referred to as a private law when the government is not implicated in any way. This paper describes the differences and comparison between private law and public law. Differences between public law and private law There are a lot of differences between private law and public law. It is important to posit that all the descriptions established to define private law leaves out the government. The government is only involved in private law as an intermediary, negotiator, or the judge. The role of the government in public law differs from that of private law. In public law, the government is involved in a case as both the judge and the either complainant or the accused (Kelsen, 2009). There are other significant dissimilarities. Private law is essentially and fundamentally centralized rules and regulations. In contrast, public law is created and implemented by the government. Whereas private law may be similar in many regions, public law only has jurisdiction within the country it was created. However, there are some few private laws that do not fall under centralized rules and regulations on the basis of business. The statutes under public laws and regulations obligatory and compulsory hence are ought to be obeyed by individuals of the particular country they were created. They are also under the prudence of institutions in leadership in a country. According to Kelsen (2009, p. 202), “As a rule private law provisions are at the disposal of parties and can be derogated from, amended or waived by mutual contractual agreements”. In private law, conformity and obedience of the law is imposed by the acts of the judiciary against an individual or institution. The government and top government officials are mandated by the law of the land to subject directives or ruling as well as give executive directives and instantaneously certify or warrant conformity. These executive directions are mostly implemented by the law enforcers (Kleinmann, 2005). Conformity of executive directives can also be warranted through fines devoid of the acquisition of an order from the judiciary. In elucidating the differences between private and public law, it is important to differentiate between the conventional parts of private law and those of public law. In public law, conventional parts of the rules and regulations include rules and regulations of the constitution, executive rules, rules and regulations governing levies and tariffs, institutional rules, and rules on delinquency, and social security. Rules and regulations on social security comprise those governing indemnity systems. Executive rules and regulations comprise of rules on law enforcement and business operations. Other additional conventional parts on public law include rewards, environmental regulations, and regulations on biotechnology. Conventional parts on private law on the other hand include national or public rules and regulations, and rules governing import and export of goods and services, liquidation, employment, unjust competition, personal indemnity, organizations, and manufacturing. Additional categories of private law include consumer protection, involvement of employees in the workplace, and legal responsibility on manufactured goods (Miller, 2011). Studies conducted in the past have however posited that it is very difficult to outline the difference between private and public law based on the association connecting the a government or the executive with the inhabitants of that country. Same as an individual, the government has the right to be represented as a private entity or a public entity in a court of law. This can best be comprehended through an example. Two parties may be involved in a transaction whereby the ownership of a particular property is transferred to the other (Dagan, 2013). One of these parties may be the government. In such a case, the individuals selling the property and the government are involved conducts the transaction the same way it could be done were it between two private citizens. This depicts the fact that the officially permitted and authorized character of the government is similar to the lawful character of a private citizen. Similarities between public law and private law It is also of benefit to describe the similarities between private laws and public laws. According to results from studies done in the past, there are well-built characteristics illustrated by the central and technical facets of both public and private laws. These similarities are supported by several hypotheses such as the egalitarian and nationality theories. These two types of business law are involved in maintaining governance and in doing so offer security to the significance of effective leadership. Private and public laws are all involved with management of control and influence as well as safeguarding people in opposition to misuse and neglect of authority. They mutually support and sustain significant collective and shared morals and ideals geared towards the sustaining and safeguarding the privileges of the people. According to Oliver (1999, p. 11): This is done either by proscribing activity that interferes with those interests, or imposing duties of reasonableness, as in much of the law of tort; equity, especially in fiduciary relationships, imposes very similar controls on certain exercises of private power to those imposed on public bodies in judicial review; many aspects of private law controls of discretionary decision making rest on the same principles as judicial review. Conclusion There is a distinct difference in definition between private and public law. Private law includes the standards and rules laying down the tasks and constitutional rights between private individuals. Public law on the other hand involves the standards and rules detailing everyday jobs and civil liberties between a case between an individual against the government and vice versa. In private law, the government is involved in the case as the judge whereas in public law, the government is represented by a judge and it is also one of the parties involved in the case. These two categories of business law are occupied in preserving governance and in doing so present sanctuary to the meaning of effective management. Private and public laws are all implicated with execution of power and influence as well as preserving people geared towards opposition to exploitation and disregard of authority. Both private and public laws mutually sustain and prolong significant collective and shared morals and ideals geared towards the sustaining and safeguarding the privileges of the people. Conventional fractions of public law include rules and regulations of the constitution, executive rules, rules and regulations governing levies and tariffs, institutional rules, and rules on delinquency, and social security. Conventional fractions on private law consist of national or public rules and regulations, and rules governing import and export of goods and services, liquidation, employment, unjust competition, personal indemnity, organizations, and manufacturing. References Dagan, H. (2013). Reconstructuring American Legal Realism & Rethinking Private Law Theory. Oxford: Oxford University Press. Kelsen, H. (2009). General Theory of Law and State. New Jersey: The Lawbook Exchange. Kleinmann, C. (2005). German Tax and Business Law. London: Sweet & Maxwell Limited. Miller, L. (2011). The Emergence of EU Contract Law: Exploring Europeanization. Oxford: Oxford University Press. Oliver, D. (1999). Common Values and the Public-Private Divide. Ontario: Butterworths. Read More