The article presents a brief characterization of the two main ways in which the public–private divide is understood in today’s European law. First, it explains the genesis of the public–private divide using the historical context to show when and how law as a whole was divided into “two separated worlds.” Subsequently, according to general law doctrine, the author tries to show that there is no significant difference between the “private” and the “public” due to the nature of law which is actually the same. The article also points to the famous and still valid 19th-century French case of Blanco, which was the turning point of thinking about law as “public” or “private” and its consequences. In fact, this short characterization is attempting to show a historical approach to the public–private divide and it addresses the main question of whether the public–private divide is still a relevant division or maybe better a relevant distinction in legal and in regulatory practice and whether it makes sense to continue to research legal phenomena based on the presumption that “public” and “private” represent truly distinctive normative orientations. This text is trying to propose an open approach focused on thought-provoking statements presenting a wider than only legal research point of view, which is more promising than the conventional discussion on the public–private divide.
May 15, 2020
May 15, 2020
|The case of Blanco: Epoch-making ruling vs. general law doctrine. The public–private divide in historical context||May 15, 2020|
Wierzbowski, Marek Korczak, Jerzy Red. Szreniawski, Jan Rec.
Tsima, Maria Jakubowski, Sebastian. Red.
Jedlecka, Wioletta Uniwersytet Wrocławski. Pracownia Badań Praw Orientalnych
Cendrowicz, Dominika. Ed. Chrisidu-Budnik, Agnieszka. Ed. Machaj, Łukasz. Rev.
Blicharz, Jolanta (1961- )
Słapczyński, Tomasz Kostecka-Jurczyk, Daria. Red. Jakubowski, Sebastian. Red.
Bernaczyk, Michał (1979- ). Red. Jabłoński, Mariusz. Red. Składowski, Konrad (1971- ). Rec.
Bernaczyk, Michał (1979- ) Bernaczyk, Michał (1979- ). Red. Jabłoński, Mariusz. Red. Składowski, Konrad (1971- ). Rec.