Encyclopedia of Legal Science

This volume stresses the important distinction between public and private law. It articulates a principal difference within the domain of private law: civil and non-civil private law (comprising the law of nations, constitutional law, administrative law, criminal law and criminal law procedure).

This volume stresses the important distinction between public and private law. It articulates a principal difference within the domain of private law: civil and non-civil private law (comprising the law of nations, constitutional law, administrative law, criminal law and criminal law procedure). Private law itself is constituted by the fundamental difference between the internal legal domain (sphere of competence) of the different non-political societal institutions (such as the firm, school, family, religious denominations) and the inter-relations between individuals and various societal institutions and voluntary organizations. The second part of this volume deals with the sources of law and the interlacement between differently-structured legal domains. Special attention is given to the element material competence in the concept of a legal source, the nature of non-civil co-ordinational law, and to the structure of civil and non-civil process law and their intertwinements.