Publication Date
1-7-2013
Journal
International Journal of Constitutional Law
Abstract
The distinction between public law and private law has been both ever present and unwieldy in civil law as well as in common law jurisdictions. Kelsen found the distinction “useless” for “a general systematization of law,” and Paul Verkuil has remarked that “[i]f the law is a jealous mistress, the public-private distinction is like a dysfunctional spouse. . . . It has been around forever, but it continues to fail as an organizing principle.”
Volume
11
First Page
125
Publisher
Oxford University Press
DOI
https://doi.org/10.1093/icon/mos053
Disciplines
Constitutional Law | Jurisprudence | Law | Law and Society | Public Law and Legal Theory
Recommended Citation
Michel Rosenfeld,
Rethinking the Boundaries between Public Law and Private Law for the Twenty First Century: An Introduction,
11
Int. J. Const. Law
125
(2013).
https://doi.org/10.1093/icon/mos053
Included in
Constitutional Law Commons, Jurisprudence Commons, Law and Society Commons, Public Law and Legal Theory Commons
Comments
Symposium: The Boundaries of Public Law