The Public Law/Private Law Divide: Une Entente Assez Cordiale? = La Distinction Du Droit Public Et Du Droit Prive: Regards Francais Et Britanniques

ISBN-13: 9781841136356 / Angielski / Twarda / 2006 / 270 str.

Mark Freedland; Jean-Bernard Auby

Opis

The contributions brought together in this book derive from joint seminars held by scholars from the University of Oxford and the University of Paris II. The starting point is the original divergence between two jurisdictions, with the initial rejection of the public-private divide as viewed under English law, while at the same time, the total acceptance as natural in French law. The book then demonstrates that the two systems have converged-the British one towards a certain degree of acceptance of the division and the French one towards a growing questioning of the division. However this is not the only part of the story, since both visions are now commonly colored and affected by European law and by globalization, which introduces new tensions into our legal understanding of what is -public- and what is -private-.