[Ws2-jurisdiction] Our work so far, and a way forward

[parminder]

On Tuesday 11 October 2016 10:22 PM, Mueller, Milton L wrote:
>
> While you have given us a richer sense of the nuances, Greg, I don’t
> see any serious disjunction in meaning here. I think it is a waste of
> time to get too hung up on Parminder’s use of the public/private
> dichotomy. His concerns are clear based on the specific examples he
> provided of issues (OFAC, antitrust, etc.) in the message I just
> replied to.
>
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>
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>
> It appears that in Civil law, stemming from Roman law, the terms are
> used define (i) laws governing the activities of the state and the
> interaction between the state and the individual or private entity vs.
> laws governing the activities of individuals/private entities and
> their interaction with each other.
>
> MM: That sounds _/very similar/_ to my statement that public law is
> legislation/court precedent, private law is contract. “Laws governing
> the activities of the state and the interaction between the state and
> the individual or private entity” sounds a lot like legislation and
> government regulation to me; “laws governing the activities of
> individuals/private entities and their interaction with each other”
> sounds a lot like contract.
>

I am happy agree with these - both Greg's and Milton's - descriptions of
public versus private law... That is as much clarity we can get for a
social-legal concept, and not one of natural sciences.... I dont think I
said anything at all different in how I described them, but whatever...
parminder ]


> In International law, "international public law" governs the actions
> of nations (but may in the case of treaties be turned into laws that
> govern the actions of individuals), while "international private law"
> applies directly to the acts of individuals and business entities.
>
>  
>
> MM: Forget about international public law. That gets us into treaties;
> fortunately we are out of that realm.
>
>  
>
> There also appears to be a usage of these two terms based on how the
> laws are enforced -- a public law is one enforced by the state, while
> a private law is enforced by one individual/entity against another. 
> However, there are many laws (at least in the US) that offer both
> state and private causes of action (e.g., both Department of Justice
> or a private plaintiff can bring a claim under the Americans with
> Disabilities Act).
>
>  
>
> MM: But the ADA is clearly public law.
>
>  
>
> *Parminder, Can you clarify what you mean by "public law" and "private
> law"?  Without a better understanding, it would be premature to answer
> your question.  Alternatively, you could rephrase this without
> reliance on a public law/private law dichotomy.  Thanks!*
>
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>
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