Files

Download

Download Full Text (264 KB)

Description

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.”

DOI

https://doi.org/10.1093/icon/mos053

Publication Date

1-7-2013

Volume

11

Publisher

International Journal of Constitutional Law

First Page

125

Disciplines

Constitutional Law | Jurisprudence | Law | Law and Society | Public Law and Legal Theory

Comments

Symposium: The Boundaries of Public Law

COinS