PRIVATE AND PUBLIC LAW

Difference between Private and Public Law



Difference between Private and Public Law

Introduction

The division of rights to public and private is fundamental to contemporary legal science. For the first time the importance of this division has been recognized even in ancient Rome. The Roman jurist Ulpian defined as this definition: public law relates to the position of the Roman state, private - to the benefit of individuals.

The Soviet legal doctrine and jurisprudence, this division was ignored, as the very type of the Soviet state and Soviet communist ideology ignored the personality as such, are not accepting such categories as private interest, private property, personal freedom, etc. It was assumed that a person should not be areas of life, not permeable to the state. Led to the abandonment of state paternalism and the revival of the private sphere, but at the same time greatly increased the role of private sectors and the principles of division of the right to private and public (Dworkin & Anthony, 2003).

It is important to clarify that the private and public sectors are separated by no Russian law and all laws of our state. Thus, in selected industries and institutions of the Russian law includes regulations for both private and public law, although for each branch of the right proportion of both individual (constitutionally dominated by public law, and civil - the rules of private law).

The essence of private law and its principles are based on the independence and autonomy of the individual, the recognition of protection of private property, freedom of contract, etc. Private law protects the interests of a person in his relationships with others, controls the scope, direct intervention in which the state is limited

Discussion

In this part, we will be discussing the main differences between Private and Public Law. In addition, we will also present main theories of both the laws.

Public Law is the most important subject of that relationship is the state or its organs, and to private law as the most important subject of the legal relationship is a person who acts in private as such. This way of posing the issue may be inaccurate, and to explain and elaborate it has proposed several theories. We will refer to the following.

Theory of Interest

Proposed by Ulpian and entered into the digest, tells us that public law is one that concerns the interests of the Roman thing (an expression that refers to the Republic or the Roman state Roman) and private law is one that concerns the interests of individuals. It has remained for centuries and is one of the most classic (Playfair, 2009).

Critiques

The notion of interest is not very precise, in reading the digest seems to allude to the economic, but certainly not the only ones.

He contrasts the public interest with the private sector. Sometimes these are in conflict, as is the case of expropriation or taxes, but these may be coincidental, as the construction of roads.

Theory of the end

Similar to above, tells us ...