The Public, the Private and the Law

36 Pages Posted: 21 Dec 2012

See all articles by Claudio Michelon

Claudio Michelon

University of Edinburgh - School of Law

Date Written: December 20, 2012

Abstract

This paper aims at challenging the perceived continuity between the underlying normativety of, on the one hand, the public and the private domains of social action and, on the other, the normativity of public and private law. As the argument goes, the underlying normative assumptions of the utilization of law (in general) by the political community do not overlap significantly with the broader normative assumptions embedded in each domain of social action. This would go a long way towards providing a framework within which the perceived (and often commended) movements towards a ‘publicization of private law’ or, conversely, towards a ‘privatization of public law’ could be understood.

Keywords: Private Law, Recognition, Public/Private

Suggested Citation

Michelon, Claudio, The Public, the Private and the Law (December 20, 2012). Edinburgh School of Law Research Paper No. 2012/30, Available at SSRN: https://ssrn.com/abstract=2192248 or http://dx.doi.org/10.2139/ssrn.2192248

Claudio Michelon (Contact Author)

University of Edinburgh - School of Law ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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