Private Law

Definition

Private law refers to the rules which govern disputes between individuals or groups of individuals outside of the political domain.

Discussion

Overview

Private law seeks to foster cooperation between non-political actors, almost exclusively outside of government. Technically, any law which is not public law is private law.

In some countries, including the United States, this domain of law is referred to as “civil law”. This is not to be confused with the reference to the civil legal system.

Private law is not able to force people to follow certain rules unless they have consened to those rules.

This is in contrast to regulation or criminal law, both of which are of the political domain and force people to follow rules whether or not those people have consented.

Private law generally concerns matters such as contracts, property, torts, and family law.

Today, private law typically does not concern physical violence. Physical violence is largely a matter dealt with through public law and criminal law.

Private law disputes can be settled outside of government systems through arbitration or mediation. In contrast, breaches of regulation or criminal law must be dealt with using government systems.

The private law frameworks of countries like the United Kingdom and the United States have been developed over centuries and provide useful reference points for how special economic zones and free cities might structure aspects of their jurisprudence.

Much of contract law, property law, tort law, and evidence law has developed over centuries. These dispute resolution procedures provide a foundation that innovative jurisdictions can build upon or adapt.

Some fundamental principles underlying private law can be loosely described as: “Do the Right Thing”, “Act Fairly”, “Act Reasonably”, “Keep Promises”, “Be Trustworthy”, and “Be Responsible”.

See also: civil law, positive law, customary law.