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Old 11-17-2005, 07:22 PM
summergarden summergarden is offline
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Post Public Law v. Private Law

Who are the "Public" in Public Law?

Who are the "Privates" in Private Law?

Doesn't it appear that "Public Law" is published by a government printing office?

When looking through the "Code" books... you name them... West's, Deerings, Bender, Witkin, etc. etc. you see that they are all published and COPYRIGHT.

A copyrite is a "private" thing that belongs to the publisher. Isn't a "public" thing something that belongs to everyone?

This thought has come to me.... that all the things that are published for the information of the people, tell us what we can't do. There are even signs posted that restrict certain activities. Has anyone seen a publication of books pertaining to law (or the color of law) which only tell the people of what they CAN do?

When you travel down the streets, have you ever seen a sign posted that tells people (before each block or intersection) YOU CAN TRAVEL HERE!...
YOU CAN PARK HERE! .... YOU CAN LOAD HERE!.... YOU CAN STOP HERE! ???

Wouldn't this lead any reasoning man, woman or child to believe that he/she
is free to anything that hasn't been restricted?

So, it appears the people can justifiably conclude that the lawful unenumerated rights we have been blessed with, by God, are to be revered, respected and protected by the Constitutions, both state and federal. And, we would be properly noticed by the government through "public law" that is published for all to know.

This leads me to ask the question.....Is there a "Public Law" published in any public register, for all the public to know, that prohibits the public's reasonable use of the public highways and public streets in this entire "America" ?

Is there a "Public Law" that prohibits the use of private easements dedicated for public use, being streets and roads, etc?

Is there a "Public Law" of record that prohibits people to travel in their own conveyances, which are the mode of travel of today, such as automobiles, bicycles, motor bicycles, etc?

If there were such "Public Law", where would that public law be found? Since all public laws of record are described by an identifying number, WHAT is the identifying number of the Public Law No.____________, that is nationwide, which notifies of the limitation, restriction, or prohibition of the personal rights of the people?

Bring forth the Public Law No.______________ !

If no such law exists, then isn't "Private Law", a law pertaining to private contracts?

Why, is it not incumbent upon people using a street bus, a highway bus, a train, taxi cab, and most "public" transportation, to wear a seat safety belt, for their provision, and enforcement of their restraint?

Is it because they have no contract? Or because there is no "Public Law" to enforce the wearing of seat safety belts and "discriminate" within the "class" identified as the public?

Summergarden
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Old 11-17-2005, 09:11 PM
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fulltitle fulltitle is offline
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WITHOUT PREJUDICE
"Private law is that part of a legal system which is part of the jus commune that involves relationships between individuals, such as the law of contracts or torts, as it is called in the common law, and the law of obligations as it is called in civilian legal systems. It is to be distinguished from public law, which deals with relationships between natural and artificial persons (i.e., individuals, business entities, non-profit organizations) and the state including regulatory statutes, penal law and other law that effects the public order.

In general terms, public law involves interrelations between the state and the general population, whereas private law involves interations between private citizens.

The concept of private law in common law countries is a little more broad, in that it also encompasses private relationships between governments and private individuals or other entities. That is, relationships between governments and individuals based on the law of contract or torts are governed by private law, and are not considered to be within the scope of public law." http://en.wikipedia.org/wiki/Private_law

**

"The original phrase "common wealth" or "the common weal" is a calque translation of the Latin term res publica ('public matters'), from which the word republic comes, which was itself used as a synonym for the greek politeia as well as for the republican (i.e. non-monarchical) Roman constitution (in legal theory still in force during the empire, see Principate).

The English noun Commonwealth dates originally from the fifteenth century and in different contexts indicates:

1. a political unit founded in law by agreement of the people for the common good;
2. a federated union of constituent states;
3. a republic;
4. a Co-operative Commonwealth is a society based on cooperative and socialist principles." http://en.wikipedia.org/wiki/Commonwealth

***

"Civil law could be:

* A a legal system based on the Justinian code prevailent in continental Europe, Central and South America, as well as Quebec and Louisiana.
* The area of law governing relations between private individuals.
* Laws imposed by the state as distinguished from laws inherent from nature." http://en.wikipedia.org/wiki/Civil_law
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