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Various Historical Considerations Regarding The Public Law–Private Law Dichotomy

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  • Emilian CIONGARU

    () (Hyperion University – Bucharest; Associate Scientific Researcher, Institute of Legal Research “Acad. Andrei Radulescu” of the Romanian Academy)

Abstract

Throughout the history of law, has been structured logically in law institutions and branches being considered in a divided or unitary manner. But legal norms have obtained general recognition either taken as a unitary system or divided into divisions or branches as maximum logical-organizational structures. The law originally intersects with the process of formation and evolution of the state. The law has been formed unconsciously as the result of a psychological process in which the individual reacts to certain external stimuli. At the beginning, the law came under the form of non-unitary chaotic customs or practices. In the second phase, the law, though yet rudimentary, became a conscious action being imposed by a public force. The difference between the public law and the private law results from the fact that private law may be attributed to the structure of society, and the public law may be attributed to the superstructure of society. Even nowadays, the delimitation between the public law and the private law is not clear, because the most numerous legal relations refer both to the general interest and the private interest and, basically, the legal norms contribute to public order as the observation thereof brings social peace.

Suggested Citation

  • Emilian CIONGARU, 2014. "Various Historical Considerations Regarding The Public Law–Private Law Dichotomy," Perspectives of Law and Public Administration, Societatea de Stiinte Juridice si Administrative (Society of Juridical and Administrative Sciences), vol. 3(1), pages 111-115, December.
  • Handle: RePEc:sja:journl:v:3:y:2014:i:1:p:111-115
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    Keywords

    law; public law; private law; legal norms;

    JEL classification:

    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K40 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - General

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