Public Law vs Private Law - Explained
Laws enforced by the government and by individuals
Written by J. Mance Gordon
Updated at April 21st, 2024
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What is the difference between public law and private law?
The distinction between public law and private law concerns who the law directly governs or affects.
It also concerns who is primarily charged with enforcing the law.
What is Public Law?
Public law consists of laws aimed at regulating the function of society. The main areas of public law are constitutional law, administrative law, and criminal law.
- Constitutional law - Centers on the determination of whether government action (either federal or state) somehow interferes with the rights granted to individuals under the Constitution.
- Administrative law - Concerns the laws and procedures developed by administrative agencies to regulate a particular subject matter.
- Criminal law - Concerns the rules prohibiting bad acts that the state directly enforces against individuals.
Related Concepts
- What are the "common law" and "civil law" systems?
- What is "civil law" and "criminal law"?
- What is "substantive law" and "procedural law"?
- Sources of state and federal law?
- United States Code of Laws
What is Private Law?
Private law concerns the legal relationships between individuals. The main areas of private law are property law, contract law, and tort law.
- Property law - Centers on the ownership rights of individuals with regard to tangible or intangible assets.
- Contract law - Regards the ability of individuals to form and enforce agreements.
- Tort law - Tort law protects the rights of individuals against infringement by other individuals.
Related Concepts
- Understanding Law
- What is "Law"?
- Economic Strength of a Nation?
- Capitalism vs Communism
- What is the "Rule of Law"?
- What is "property law" or "property rights?
- What is "ownership"?
- Why recognize property rights?
- How the law protects property rights?
- What are the "common law" and "civil law" systems?
- What is "public law" and "private law"?
- What is "civil law" and "criminal law"?
- What is "substantive law" and "procedural law"?
- Sources of state and federal law?
- United States Code of Laws
- Role of Judiciary in the legal system?
- Business activity and legal entities?