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

[Greg Shatan]

I would like to clarify one statement that I made earlier, since it seems
to have been misunderstood.

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.
>
> ​GS: No, I was actually trying to say something quite different, and make
a key distinction between the Civil Law concepts and the Common Law
concepts (which Milton correctly stated).  I was referring to laws passed
by the state *in both instances*, not to party-made "law" in contracts
(which are really "rules of engagement" and only "law" by analogy).​  I'll
revise my sentence slightly:


*It appears that in Civil law, stemming from Roman law, the terms ​"public
law" and "private law" ​are used ​to ​distinguish and define​,
respectively​ (i) laws​ created by the state​ governing the activities of
the state and the interaction between the state and the individual or
private entity vs. laws ​created by the state ​governing the activities of
individuals/private entities and their interaction with each other.​  Thus,
in Civil Law, public law and private law together make up the entire body
of state-created law.  By contrast, in Common Law usage​, at least in the
U.S., "public law" refers to the entire body of state-created law.*

*​*(As a side note, judge-made precedent generally does not have the
binding effect in Civil Law that it does in Common Law, but that's not
really relevant here.) *​*


​Moving on, ​
​I think ​
​the distinction between "private law" and "public law" creates confusion
rather than clarity in this discussion.​  Perhaps it would be better to
distinguish between "state actions" (i.e., disputes initiated by the state
against a private party) and "private actions" (i.e., disputes initiated by
one private party against another).


Greg
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