Conflict between Private and Public Rights of the Law

The law, in terms of both theory and application, attempts to balance the rights of the individual with the requirements of society for order and stability (Friedrichs, 2006). Private conflict in terms of equality and the law and property rights are two of the critical areas in which law functions to establish normative systems in which private conflict impacting upon the public sector is reduced if not entirely ameliorated. In essence, law operates as a mediating force designed to reduce the ultimate impact of private conflict on the common good and the social contract.

Equal rights and equality are difficult concepts in that the law is challenged to prevent any kind of discrimination from occurring in society - in education, in the workplace, in residential access, and so forth. To assume that any private conflicts over such rights do not negatively impact upon the public good, the law has been modified many times. For example, specific Amendments to the U.S. Constitution address issues such as voting rights for

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Category: Government - C