Private and public law were delimited many centuries ago. There are many theories and views regarding this distinction. The concept of the rule of law can only be realized when considering both groups. Is it possible to observe this division in all legal systems? Yes, in almost all.
Private and public law
What is this division? It is associated with the distribution into groups that help systematize the rules of law necessary to ensure public interests (meaning the interests of the state), public and private.
Of course, the basis of public law is public authority. Only the state can possess it. Private law is designed to protect and satisfy the interests of owners who are equal and free. No one doubts that it was developed precisely after the establishment of the institution of private property, as well as the relations that arose on the basis of this institution.
There are various ways to systematize private law.
Private and public law are in a certain ratio with each other. This ratio is manifested in the following:
- Private law is a set of rules that protect and regulate the interests of owners - market entities. They also regulate relations associated with the process of exchange or production. The rules of public law are related to the regulation and consolidation of the working order of public authorities, the formation of higher authorities, other public institutions, the activities of the judiciary and so on;
- public law is the basis of private. The second cannot be carried out without the first;
- both groups of norms have the closest connection. In most cases, the separation is purely arbitrary.
Private law is personally free. Subjects can implement it in completely arbitrary directions.
The distribution of intangible and material goods is the main function of private law. It also captures both for specific subjects.
The main function of public law is the regulation of public relations with the help of peculiar decrees emanating from the state.
Private and public law, acting as legal institutions, play a positive role in maintaining the balance of social institutions. They make social relations more flexible, help them develop in the right directions, and strengthen the institution of protecting the rights and freedoms of citizens.
Private law underlies the market economy and entrepreneurship. With all this, today it is divided into corporate and contractual.
Public law is designed to protect interstate and state interests, and private law is necessary to create a single legal space.
The following features are characteristic of public law:
- its subjects are in a relationship of subordination. The same applies to legal acts issued by them;
- in most cases, it is imperative norms that are used;
- The emphasis is always on the satisfaction of various kinds of social relations;
- the expression of will in this case is one-sided.
Private law is characterized by the following features:
- The expression of will is free bilateral. The contractual form is used;
- the parties are equal in any case;
- the norms used are dispositive;
- everything is done to fulfill private interests.
In general, it is worth noting that the theory of state law took the concepts in question from Roman law. The main provisions really developed back in the days of the Roman Empire.