Public Law
- Purpose: Regulates relationships between the government and its citizens or other entities.
- Entities involved: Government (federal, state, local) and individuals, corporations, non-profit organizations.
- Enforcement: Government prosecutes violations through the criminal justice system.
- Remedies: Penalize or prevent harmful conduct, protect public safety, regulate commerce.
- Examples: Criminal law, constitutional law, administrative law, environmental law.
Private Law
- Purpose: Regulates relationships between private individuals or entities.
- Entities involved: Individuals, corporations, non-profit organizations.
- Enforcement: Individuals or entities pursue remedies through civil litigation.
- Remedies: Compensate for harm, enforce contracts, resolve disputes.
- Examples: Contract law, tort law, property law, family law, commercial law.
Key Differences
- Purpose: Public law governs public matters, while private law governs private affairs.
- Entities involved: Public law involves the government, while private law involves private individuals or entities.
- Enforcement: Public law is enforced by the government, while private law is enforced through civil litigation.
- Remedies: Public law seeks to penalize or prevent harm, while private law seeks to compensate or resolve disputes.
- Scope: Public law regulates a broader range of conduct, including criminal behavior, while private law focuses on narrower areas of private relationships.
Overlaps
In some cases, public and private law overlap. For example:
- Criminal law can also create civil liabilities, such as restitution to victims.
- Constitutional law protects individual rights against both government and private entities.
- Property law involves both public interests (e.g., zoning regulations) and private interests (e.g., ownership disputes).