
Contents
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23.1 Introduction: Questioning the Concepts 23.1 Introduction: Questioning the Concepts
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23.2 The Public/Private Distinction as a Universal Cleavage with Limited Variations 23.2 The Public/Private Distinction as a Universal Cleavage with Limited Variations
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23.3 What is the Significance of the Public/Private Distinction in Law? 23.3 What is the Significance of the Public/Private Distinction in Law?
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23.4 The Distinction Between Public Law and Private Law is Indeed a Different Issue 23.4 The Distinction Between Public Law and Private Law is Indeed a Different Issue
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23.5 What are the Possible Attitudes to the Distinction Between Public Law and Private Law? 23.5 What are the Possible Attitudes to the Distinction Between Public Law and Private Law?
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23.6 The Criteria for Delimiting the Two Categories Vary Amongst Systems that Accept the Distinction 23.6 The Criteria for Delimiting the Two Categories Vary Amongst Systems that Accept the Distinction
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23.7 Variation of the Links Between the Public Law/Private Law Divide and Judicial Supervision of the Administration 23.7 Variation of the Links Between the Public Law/Private Law Divide and Judicial Supervision of the Administration
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23.8 The Public/Private Dialectic is Disrupted by Various Contemporary Developments 23.8 The Public/Private Dialectic is Disrupted by Various Contemporary Developments
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23.9 Consequently, the Public/Private Divide and the Public Law/Private Law Divide Are Themselves Questioned 23.9 Consequently, the Public/Private Divide and the Public Law/Private Law Divide Are Themselves Questioned
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23.10 Have the Public/Private and Public Law/Private Law Divides Become Irrelevant? 23.10 Have the Public/Private and Public Law/Private Law Divides Become Irrelevant?
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References References
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23 Public/Private
Get accessJean-Bernard Auby is Professor of Law at Sciences Po, Paris
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Published:15 December 2020
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Abstract
This chapter examines the distinction between public law and private law. It stresses the importance of being aware of this difference between the public/private and public law/private law dichotomies. The public–private divide is universal even if, from one society to another, it can be conceived differently in certain ways. All human communities have an idea about the relationship between the private sphere and the public domain. By contrast, the distinction between public law and private law is not universal. It may be ignored, rejected, or confined to a very limited sphere of operation as, traditionally, in common law systems. Conversely, the public law/private law distinction may be understood as an essential feature of the juridical world, as was the approach of Roman law, inherited by the continental legal systems.
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