The end of the public-private divide

14 September 2016

The public-private divide is one of the 21st century’s flat earth theories. Its conceptions of private rights and obligations and limitations on state power are commonly used in corporate law, contract law and numerous other fields of legal, political, economic and other social scientific research. While scientific use of the public-private divide once had a useful function, its adoption is now unrealistic and harmful. In an era marked by the genesis, continuation and intensification of a wide variety of environmental, political and economic crises we can no longer afford to use this flawed assumption as a fixed frame of reference for positivist social scientific research. The public-private divide needs to be recognised as part of problem which must be studied.

public law

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