How is public law different from private law?
(A) Only public law is influenced by the society in which it operates - HSC - SSCE Legal Studies - Question 13 - 2001 - Paper 1
Question 13
How is public law different from private law?
(A) Only public law is influenced by the society in which it operates.
(B) Only public law is subject to the rule of ... show full transcript
Worked Solution & Example Answer:How is public law different from private law?
(A) Only public law is influenced by the society in which it operates - HSC - SSCE Legal Studies - Question 13 - 2001 - Paper 1
Step 1
Only public law is influenced by the society in which it operates.
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Answer
This statement is misleading. While public law is certainly influenced by societal norms and values, private law also reflects societal influences through individual agreements and disputes.
Step 2
Only public law is subject to the rule of law.
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This claim is incorrect. Both public and private law are subject to the rule of law. It is a fundamental principle that applies across all areas of law.
Step 3
Only private law avoids the problems of institutionalised inequality.
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This is a false statement. Public law, through regulatory frameworks and legislations, aims to address systemic inequalities, whereas private law often does not focus on these broader issues.
Step 4
Only private law includes tort law.
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This option is correct. Tort law is indeed a part of private law, dealing with civil wrongs and compensations, while public law encompasses areas such as criminal law and constitutional law which regulate state interactions.
