actually would refuse to provide care.16 In the final analysis, the uncertainty
surrounding such ethical issues remains until the law brings definition to the problem.
Positive decisions in test cases set precedent for new laws that can enforce ethical
standards.
3-7.
THE ROLE OF THE LAW: REGULATING PUBLIC AND PRIVATE
RELATIONSHIPS
a. Overview. The role of the law is to govern the relationship of private
individuals with each other and with government. These two roles correspond to two
general categories of the law: private and public. However, in fact, many laws have
both private and public law aspects. So, it is not possible to neatly classify the laws as
such. What is important is to be aware of the two major roles of the law.
b. Private Law. Private law deals with the relationship between private
individuals and organizations. In private law, an individual brings tort action to protect
private interests.
c. Public Law. Public law addresses the relationship of individuals with
government and governmental agencies. In one aspect of public law, the government
brings criminal action to protect society.
private law: a body of laws governing the relationship between private
individuals and organizations.
public law: a body of laws governing the relationship between private
individuals and government (or governmental agencies) in order to
protect society as a whole.
3-8.
TYPES OF PUBLIC LAW
a. The Goal and Thrust of Public Law. Public law defines, regulates, and
enforces the relationships of individuals with government and governmental agencies.
The goal of public law at both Federal and state levels is to deal with societal problems
of a broad nature. And, though there are criminal penalties for individuals and
organizations that do not abide by the regulations, the thrust of public law is to secure
compliance with and attain the goals of the law, not to punish offenders. If the EPA
finds a company discharging chemicals into a public river, a fine will be levied for
violating this waterway until it is corrected.
b. Criminal Law. Criminal law outlaws conduct deemed injurious to public
order, and provides for punishing those who have engaged in such behavior. The
government brings criminal action to protect society. By punishing and hopefully
reforming the offender, it will protect society and deter others from criminal acts.
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