Private Law


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Private Law

 

in the bourgeois theory of law, the norms regulating certain relations, including property relations, between private individuals and also governing relations in which the state and its agencies act not as bearers of public authority but as parties to contractual relations. Private law includes the norms of civil, commercial, and family law.

Whereas public law governs relationships of authority and subordination, private law deals with the relations of formally equal persons. Its subjects enjoy considerable economic and legal autonomy, and the protection of private interests is exercised only on the initiative of the interested persons themselves.

Bourgeois jurists treat private law as “a manifestation of the freedom of the individual” and of purportedly equal possibilities for all. The division of law into private and public, however, reflects the conflict between private and public interests in societies that are marked by antagonism among classes. As K. Marx and F. Engels noted, “Private law develops simultaneously with private property out of the disintegration of the natural community” (Soch., 2nd ed., vol. 3, p. 63). Private law is based on the law of private property, which evolved under Roman law and is fully developed and protected by capitalism; under capitalism the law of private property is declared to be “holy and inviolable.”

In the modern era, the development of state monopoly capitalism and the increasing interference of the bourgeois state in the capitalist economy have led to a blurring of the sharp distinction between public and private law as private law is “made public.”

The socialist legal system does not distinguish between public and private law.

References in periodicals archive ?
These observations, far from undermining Hayek's thesis, draw our attention to a way of understanding the distinction between private law and public law.
It was remarked earlier that democratic politics places pressures upon private law in so far as it uses law governing private relationships as an instrument for the pursuit of public purposes.
In Part II, we briefly trace the doctrine navigating the tension between the First Amendment and tort law, showing how the Court's decisions have led to the view of private law as government regulation displayed in Snyder.
Modern thinking about private law began on January 8, 1897.
As Jansen puts it, the authority of a norm is determined by the legal system, from within the legal process, to treat European principles as authoritative may lead to a slow convergence of the national legal systems, the authority of a comprehensive text on European private law cannot depend on the deficiencies of some arbitrarily chosen rules, whereas the lack of a clear conception of the normative foundation and substance of private law is the main reason for the severe infringement of the individuals' private autonomy.
What these latter observations reveal is that the autonomy of private law does not only consist in the fact that judges determine the content of a codification.
enforcement arsenal, the private law exception can significantly reduce
right to seek private relief, the private law exception also weakens the
3) For corrective justice theorists, private law is thus explained in terms of a wrongdoer's duty to correct a wrong, or a wrongful loss.
Moral enforcement rights suggest a new way to see the private law structure.
Transnational private law is used as a frame to consider private international law together with private law.
Viewing transnational private law in this way, the connection among private law, global legal pluralism, and transnational governance of business relations is made clearer.