The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is qpublicq and what is qprivateq.Environmental problems have lost their aideological charactera100 and any conflict is due to actors acting irrationally so ... 95 E.g. CEC, Environment 2010, supra at 61; Golub, supra; and C Knill aamp; A Lenschow (eds), Implementing EUanbsp;...
|Title||:||The Public Law/Private Law Divide|
|Author||:||Mark Freedland, Jean-Bernard Auby|
|Publisher||:||Bloomsbury Publishing - 2006-03-01|