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you are here: > Self > 22. LEX
| 22.8 | Private law |
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| In addition to defining the law of society according to various system types (civil, common, customary and religious), law is also sometimes defined by areas of its focus. |
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| Under this system, a distinction is often made between what is called “public law” and “private law”. |
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Private law is that part of a legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems. |
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| Contracts and torts |
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| Private law is that part of a legal system that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems. |
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The concept of private law in common law countries is a little more broad, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the law of contract or torts are governed by private law, and are not considered to be within the scope of public law. |
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| 22.8.1 | The negatives of the label “private law” |
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| In recent years, the labels public and private law have become increasingly blurred with laws now encompassing both public and private elements. Strictly speaking, the labels have lost their effectiveness. |
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| As a result, their use, while a custom and tradition may not serve any long term benefit for law reform. |
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