Business law Essay Example | Topics and Well Written Essays - 1000 words - 1

Business law - Essay Example In public law, the government may either be implicated openly or not. Law is referred to as a private law when the government is not implicated in any way. This paper describes the differences and comparison between private law and public law. Differences between public law and private law There are a lot of differences between private law and public law. It is important to posit that all the descriptions established to define private law leaves out the government. The government is only involved in private law as an intermediary, negotiator, or the judge. The role of the government in public law differs from that of private law. In public law, the government is involved in a case as both the judge and the either complainant or the accused (Kelsen, 2009). There are other significant dissimilarities. Private law is essentially and fundamentally centralized rules and regulations. In contrast, public law is created and implemented by the government. Whereas private law may be similar in many regions, public law only has jurisdiction within the country it was created. However, there are some few private laws that do not fall under centralized rules and regulations on the basis of business. The statutes under public laws and regulations obligatory and compulsory hence are ought to be obeyed by individuals of the particular country they were created. They are also under the prudence of institutions in leadership in a country. According to Kelsen (2009, p. 202), â€Å"As a rule private law provisions are at the disposal of parties and can be derogated from, amended or waived by mutual contractual agreements†. In private law, conformity and obedience of the law is imposed by the acts of the judiciary against an individual or institution. The government and top government officials are mandated by the law of the land to subject directives or ruling as well as give executive directives and instantaneously certify or warrant conformity. These executive directions a re mostly implemented by the law enforcers (Kleinmann, 2005). Conformity of executive directives can also be warranted through fines devoid of the acquisition of an order from the judiciary. In elucidating the differences between private and public law, it is important to differentiate between the conventional parts of private law and those of public law. In public law, conventional parts of the rules and regulations include rules and regulations of the constitution, executive rules, rules and regulations governing levies and tariffs, institutional rules, and rules on delinquency, and social security. Rules and regulations on social security comprise those governing indemnity systems. Executive rules and regulations comprise of rules on law enforcement and business operations. Other additional conventional parts on public law include rewards, environmental regulations, and regulations on biotechnology. Conventional parts on private law on the other hand include national or public ru les and regulations, and rules governing import and export of goods and services, liquidation, employment, unjust competition, personal indemnity, organizations, and manufacturing. Additional categories of private law include consumer protection, involvement of employees in the workplace, and legal responsibility on manufactured goods (Miller, 2011). Studies conducted in the past have however posited that it is very difficult to outline the difference between private a