Differences between Private Law and Public Law
Contents
Private law vs. Public law
Legal systems are often divided into private law and public law.[1] Private law applies to relationships between individuals in a legal system.[2] Public law governs the relationship between individuals and the government, and relationships between individuals that are of direct concern to society.[3] The distinction dates to Roman law and separates legal matters based on the parties involved and the interests affected.
Private law addresses the rights and obligations of individuals, organizations, and businesses in their interactions with one another.[1] Public law deals with the operation of the state and the relationship between the state and the general population. While the distinction is a foundational concept, the borderline between the two areas of law is not always clear, as some legal matters can involve aspects of both.[4] For instance, an employment contract is governed by private law, but workplace health and safety standards are a matter of public law.[4]
Comparison Table
| Category | Private Law | Public Law |
|---|---|---|
| Scope | Governs relationships between private individuals or organizations.[1] | Governs the relationship between the state and individuals or organizations. |
| Parties Involved | Two or more private parties (e.g., individuals, companies).[5] | At least one party is a state or government body. |
| Purpose | To regulate the private interests and relationships between individuals.[5] | To regulate matters that affect the general public or the state. |
| Nature of Relationship | Parties are generally considered equals (horizontal relationship). | Involves an unequal relationship, with the state in a position of authority (vertical relationship). |
| Examples of Law | Contract law, tort law, property law, family law, and corporate law.[1] | Constitutional law, administrative law, criminal law, and tax law. |
| Remedies and Sanctions | Typically involves compensation or enforcement of obligations (e.g., damages). | Can involve penalties such as fines, imprisonment, or administrative orders.[5] |
Public Law
Public law comprises the rules that structure the government and its relationship with the public. Its primary function is to regulate the actions of public bodies and ensure they act lawfully and do not abuse their power. Sub-disciplines include constitutional law, which defines the structure of government and fundamental rights; administrative law, which governs the actions of government agencies; and criminal law, which addresses acts considered harmful to society as a whole. A crime, for example, is treated as a wrong against the state or the community, not just the individual victim.
Private Law
Private law, also known as civil law in some contexts, focuses on the legal relationships between private parties. It provides a framework for everyday interactions, from business transactions to personal matters. Major areas of private law include contract law, which deals with legally binding agreements; tort law, which addresses civil wrongs that cause harm to another person; property law, which governs the ownership and use of property; and family law, which covers matters such as marriage, divorce, and child custody.[2] Disputes in private law are typically resolved between the individuals involved, without direct state intervention unless a court is asked to adjudicate.
References
- ↑ 1.0 1.1 1.2 1.3 "wikipedia.org". Retrieved January 17, 2026.
- ↑ 2.0 2.1 "scribd.com". Retrieved January 17, 2026.
- ↑ "wikipedia.org". Retrieved January 17, 2026.
- ↑ 4.0 4.1 "study.com". Retrieved January 17, 2026.
- ↑ 5.0 5.1 5.2 "ebsco.com". Retrieved January 17, 2026.
