The classification The most important within the scope of law is the one that separates the public branch and the private branch, that is, the one that concerns the norms referring to the Organization of the State and the activity that it develops and the one that governs private relations, in contrast. norms that are applicable to the State precisely when it does not exercise the functions of political power.
The development of law it was classified into categories from its beginning in Rome to the empire of Justinian: over time the principles that governed the resolution of problems were modified, which was not consensual from the beginning.
The public Law It is defined as the set of norms that legally regulates the organization and operation of the State as well as the relationships established between citizens and the entire public apparatus.
It is important to realize that the State, on all occasions, it is positioned in a place of sovereignty with respect to individuals, so that public law is from its origin a discipline that poses unequal situations, where the achievement of a public interest is pursued if necessary it can be achieved of course.
Public law is divided into eight categories, of which some examples will be mentioned.
Examples of public law
- The analysis of the fundamental laws that define a State. (Constitutional right)
- The regulation of criminal proceedings, from beginning to end. (Criminal law)
- The set of norms from which the State regulates the social aspects of religious phenomena. (Church law).
- The study of the legal norms through which the State exercises its taxing power.
- The study of individual rights and human freedom.
- Know the fundamentals of the notarial function and its importance for legal certainty (Notarial Law)
- The regulation of public administration. (Administrative law)
- The occasions in which the subjects resort to the court to enforce their own rights. (Civil procedural law)
- The subjection of the new laws approved to the constitution.
- The logical and coherent arrangement of elements to achieve legal certainty. (Registry law).
The social law It is a distinction inherent to public law, based on the changes in the ways of life through which it began to be seen as essential for the State to correct the inequalities that exist in life in society.
In this way, social law contains questions relating to the social Security, to labor law and some others. Here are some examples of issues that are influenced by social law.
Examples of social law
- The right of people to housing.
- Labor law.
- The right to compensation for unfair dismissal.
- The right to organize.
- Regulations on worker cooperatives.
- The right to the minimum wage.
- The resources presented by retirees and pensioners with respect to the state.
- Joint negotiations.
- The right to social security.
- The power relations born within the productive relations.
The private right It is the set of norms that governs individuals, in contrast to public law in the sense that the issues it analyzes do not have to do with the State. The only occasions in which private law concerns the State are those in which it acts in a particular way.
One of the fundamental premises of private law is the guarantee of private property, which surrounds the entire discipline. Here are some examples of private law issues.
Examples of private law
- Issues relating to the fulfillment of contracts.
- The rules governing professional relationships.
- The proper ordering of private organizations.
- Controversies that arise between people in everyday life.
- Succession procedures.
- Issues relating to law in airspace.
- The legal regulation of agricultural activity.
- The regulation of the legal situation of people in the international arena.
- The regulations that regulate the relationships between parents and children.