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PRIVATE LAW AND PUBLIC LAW

The distinction between private law and public law relates to universal rules of conduct and the organization of government. Public law mainly involves legislative rules, but there is no clear consensus on where to draw the line between the two types of law. Over time, the differences have become less distinct, with government agencies often exempt from general rules while private individuals face specific regulations. This has blurred the lines, especially as societal goals increasingly influence legal rules.

Private law focuses on the rights and duties of individuals, while public law concerns the organization of government and aims to serve the public interest. However, private law plays a significant role in the welfare of society as it allows individuals to pursue their own interests, which can benefit the general welfare. This view contrasts with the idea that public law alone serves the common good.

The rules governing government organization are not universal moral principles but are instead instructions for specific government functions. The growing focus on these organizational rules has shifted legal thinking, often leading to a dominance of public law principles that overlook the importance of private law and individual rights. This shift in legal philosophy has implications for broader societal views and influences ideologies like legal positivism and totalitarianism.