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Journal articles on the topic 'Convergence theory of private and public law'

Author: Grafiati

Published: 7 June 2025

Last updated: 2 August 2025

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1

Tregubov, Michail Vladimirovich. "Dihotomy of Law: Historical Analysis, Current Trends, a Combination of Private and Public Principles in Civil Law." Theoretical and Applied Law, no. 1 (June 7, 2019): 50–57. https://doi.org/10.5281/zenodo.15350450.

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The article is devoted to the perception of private and public law in the tradition of the Romano-German legal family. With the use of formal-logical, sociological-legal and retrospective methods of research the author studies the transformation of views on the grounds of differentiation of private and public law, analyzes the current trends in the development of scientific thought on the problem of dichotomy of law, the combination of private and public principles in civil law is studied. The conclusion is made about the development of two interrelated processes in the modern legal systems of

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Chucha, Sergey Yu. "Theory of labor relations in the context of the transformation of the sphere of work: designation of the problem." Gosudarstvo i pravo, no. 3 (2023): 153. http://dx.doi.org/10.31857/s102694520024820-3.

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The problems of modernization of the subject of Labor Law and the theory of labor relations in the context of the transformation of the labor sphere are considered. Based on the historical analysis of the process of structuring the law on the branches, the direction of development of private-public branches and, above all, Labor Law is predicted. The convergence of the theory of a single indivisible labor legal relationship by N.G. Aleksandrov and the theory of a complex of unified labor relations V.N. Skobelkin in the context of the transition to new technological paradigms and the growth of

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3

Zaloznova, Yuliya, Oleksandr Serdiuk, and Iryna Petrova. "INSTITUTIONAL CONVERGENCE IN UKRAINE." Baltic Journal of Economic Studies 9, no. 2 (2023): 129–36. http://dx.doi.org/10.30525/2256-0742/2023-9-2-129-136.

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The aim of the article is to develop recommendations for improving the level of institutional convergence in Ukraine. To this end, the following tasks have been set and solved: an assessment of the level of institutional convergence in Ukraine has been carried out, which includes an analysis of international indices characterising the quality of formal institutions and a further selection of indicators that are informative about convergent/divergent processes in the country; factors supporting institutional divergence in the country have been identified; recommendations have been developed to

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Bertovsky, Lev V. "High-tech law: concept, genesis and prospects." RUDN Journal of Law 25, no. 4 (2021): 735–49. http://dx.doi.org/10.22363/2313-2337-2021-25-4-735-749.

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Relevance. The article considers the development of law as a regulator of public relations in correlation with emerging and applying various technologies by mankind. In the process of transition from low-tech to high-tech, society has experienced three industrial revolutions and is on the verge of the fourth. The article attempts to establish the stage of modern law development and the degree of its convergence with high technologies. The conclusion is made about the emergence of a new phenomenon - high-tech law, the inner side of which is application of high technologies to solve problems tha

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Raj, Nihal, and Manish Tiwari. "Caste, Crime, and Compulsion: Structural Forces Behind the Persistence of Manual Scavenging in India." Science of Law 2025, no. 1 (2025): 32–41. https://doi.org/10.55284/yh1z1m86.

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Rooted in India's caste system, manual scavenging involves cleaning, handling, or disposing of human excreta without protective gear. This degrading work is predominantly performed by Scheduled Castes (Dalits), such as Bhangi, Mehtar, Halalkhor, and Balmiki, often driven by socio-economic compulsions and lack of alternative employment. The enactment of the Employment of Manual Scavengers and Construction of Dry Latrines (Prohibition) Act (1993) and its successor, the Prohibition of Employment as Manual Scavengers and Their Rehabilitation Act (2013), criminalised this inhumane practice. However

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Pereira, Elaine Lucio. "DEMOCRACIA DELIBERATIVA DE RAWLS E HABERMAS." POLÊM!CA 19, no. 2 (2019): 01–22. http://dx.doi.org/10.12957/polemica.2019.47376.

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Resumo: O presente trabalho pretende estabelecer uma analogia entre as teorias democráticas deliberativas de John Rawls e Jürgen Habermas, por meio de uma análise comparativa. As concepções formuladas pelos dois expoentes teóricos sobre o tema buscam equacionar o pluralismo político com diferentes justificativas. O tema foi eleito em razão da importância de discussão das fontes de legitimação dos Estados democráticos. Enquanto Rawls propõe uma democracia substantiva, Habermas defende a procedimental. O objetivo é traçar, em linhas gerais, as teorias de ambos, sem exposição de juízo de valor en

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Kravets, Igor. "Digital citizenship and constitutional challenges in the information and algorithmic society." Sravnitel noe konstitucionnoe obozrenie 32, no. 2 (2023): 93–123. https://doi.org/10.21128/1812-7126-2023-2-93-123.

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The article discusses the algorithmic and inclusive paradigm of constitutionalism and constitutional law; the conceptual foundations of digital citizenship and the constitutional challenges of the information and algorithmic society in the context of international scholarly discussion in comparative constitutionalism and jurisprudence, information law, and information technology law; scholarly and interpretative approaches to understanding digital citizenship; and the vectors of development and transformation of the institution of citizenship in constitutional and legal communication and in th

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Sung, Bong-Geun. "Challenges of the Fourth Industrial Revolution and the Rule of Law in Pandemic and New Normal Era: Focused on Critical Legislative Policy Discussions." Korean Public Land Law Association 104 (November 30, 2023): 297–327. http://dx.doi.org/10.30933/kpllr.2023.104.297.

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The post-COVID era is clearly a time requiring the convergence of law and science, navigating through both pandemic and endemic situations. The era has witnessed the implementation of stringent social measures, such as social distancing, movement and location tracking, restrictions on gatherings and protests, mandatory vaccinations, vaccine passports, business operation limits, school attendance timing restrictions, mask mandates, utilization of non-contact transactions, enforced quarantine, and lockdowns. These measures have necessitated a confluence of law and science. While South Korea has

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9

Kolesnik, Veronika. "CONVERGENCE OF PRIVATE AND PUBLIC LAW IN THE SPHERE OF CRIMINAL LEGAL PROCEEDINGS." Bulletin of the South Ural State University series "Law" 23, no. 2 (2023): 19–28. http://dx.doi.org/10.14529/law230203.

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The subject of the article was the identification of the main directions and results of the convergence of private and criminal law in the field of criminal justice. The purpose of the article was to sum up the results of the development in domestic science of a set of views on the process of convergence of private and public law in the field of criminal justice. The main subject of the analysis was the conceptual apparatus, which reflected changes in ideas about the measure of private and public in the mechanism of criminal procedure regulation. The author of the article tried to overcome dog

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10

Vasilyeva, Anna. "Interaction of Administrative and Civil Law: The Experience of Russian and German Convergence of Public and Private Law." Journal of Foreign Legislation and Comparative Law 19, no. 5 (2023): 5. http://dx.doi.org/10.61205/jzsp.2023.061.

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Russian and German law are based on the principle of dividing law into private and public. Such a division of law, on the one hand, is quite customary to these legal systems; on the other hand, the boundaries of public and private law are very mobile. As a result of the mutual penetration of public and private law at each stage of the legal system development, not only the subject of legal regulation “redistributed”, but “mixed” zones appear. Such mixed zones are characterized by private-public (administrative-private) regulation, which generates various theoretical and practical problems of c

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11

Green, Jessica F. "Order out of Chaos: Public and Private Rules for Managing Carbon." Global Environmental Politics 13, no. 2 (2013): 1–25. http://dx.doi.org/10.1162/glep_a_00164.

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To date, much of the work on “regime complexes”—loosely connected nonhierarchical institutions—has excluded an important part of the institutional picture: the role of private authority. This paper seeks to remedy this shortcoming by examining privately created standards within the regime complex for climate change and their relationship to public authority. Public rules in the Kyoto Protocol serve as a “coral reef,” attracting private rulemakers whose governance activities come to form part of the regime complex. Using original data, I conduct a network analysis of public and private standard

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Ramseyer, J. Mark. "Water Law in Imperial Japan: Public Goods, Private Claims, and Legal Convergence." Journal of Legal Studies 18, no. 1 (1989): 51–77. http://dx.doi.org/10.1086/468140.

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Golubtsov, V. G. "Dichotomy and Convergence of the Public and the Private in Legal Personality of an Autonomous Institution." Lex Russica 76, no. 2 (2023): 68–80. http://dx.doi.org/10.17803/1729-5920.2023.195.2.068-080.

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Theoretical ideas about the balance between private law and public law in the activities of autonomous institutions today are not obvious, which often generates biased scientific judgments on many relevant issues. In the doctrine, the issue concerning the search for the optimal balance between public and private legal aspects and their correlation in relation to autonomous institutions has not actually been raised and has not been resolved. The ability to independently provide property for their current activities through participation in civil law relations, as a rule, is studied separately f

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Imekova, M. P. "Legal Support of Private Interest." Lex Russica 76, no. 9 (2023): 146–59. http://dx.doi.org/10.17803/1729-5920.2023.202.9.146-159.

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There is no single point of view in legal science regarding the criteria for distinguishing public and private law. Moreover, there is no theory that would be recognized by most researchers. The reason lies in the fact that scientists in their works analyze public and private law in various aspects, in this regard, they identify such criteria of differentiation that cannot be universal.The paper considers public and private law from the standpoint of instrumental theory and define it as a system of legal means designed to satisfy public or private interests, respectively. The undoubted advanta

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Borisova, S. V. "Regulation of the Relations in the Transportation Field based on Convergence of Private and Public Law." World of Transport and Transportation 17, no. 2 (2019): 44–55. http://dx.doi.org/10.30932/1992-3252-2019-17-2-44-55.

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The research attempts to substantiate a new approach to understanding of coordination and subordination relations in the field of transport. Restructuring processes inRussiahave resulted in the expansion of the area regulated by private law. and in the change of the ratio of application of private and public law in favor of private law. The prevailing functional approach to peculiarities of emerging relations should ensure connection of administration of the transport sector with economic practices, which are now a prevailing object of legal regulations. At the moment, the prerequisites have b

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Barker, Kit. "Modelling Public and Private Enforcement." University of Queensland Law Journal 37, no. 1 (2020): 9–24. http://dx.doi.org/10.38127/uqlj.v37i1.4127.

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Achieving a workable, hybrid model of competition law enforcement that is sensitive to both instrumental and non-instrumental ends and which commands broad, cross-jurisdictional support always struck me as a tall order. For one thing, it required a keen understanding of the nature of competition law wrongs, which sit awkwardly at the turnstile between public and private law. The enforcement processes of competition law have also evolved in very different social and historical contexts, the United States being an environment in which regulatory agencies have historically been regarded with scep

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Залоило, Максим, Maksim Zaloilo, Елена Рафалюк, and Elena Rafalyuk. "INTEGRATION AND HARMONIZATION WITHIN THE EURASIAN AND LATIN-AMERICAN LEGAL FRAMEWORK: COMPARATIVE ANALYSIS." Journal of Foreign Legislation and Comparative Law 1, no. 6 (2016): 0. http://dx.doi.org/10.12737/17112.

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The article deals with the formation of harmonized legal framework as part of integration associations of Eurasia and Latin America. The article states that harmonization and unification of private international law is of particular importance for achieving the objectives of economic integration. The authors analyze the methods of harmonization of law in Mercosur. Harmonization of law is achieved in various ways, for example, through unification of law which permits to develop a uniform enactment for all States. Meanwhile, the method of simple convergence, coordination of national legislation

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Baikovs, Aleksandrs, and Ilona Bulgakova. "RELATIONSHIP AND INTERACTION OF INTERNATIONAL PUBLIC, INTERNATIONAL PRIVATE LAW AND NATIONAL LAW." Administrative and Criminal Justice 3, no. 88 (2019): 108. http://dx.doi.org/10.17770/acj.v3i88.4419.

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The purpose of this paper is to analyze the interplay between international public and private law and national law, and to provide an assessment of the theory of public and private law and its interrelationship.Private international law is closely linked to public international law. However, if public international law is an autonomous system of law, then private international law is an integral part of national law, since it governs cross-border private law relations.The objectives of the study stem from its purpose, namely:to clarify the nature and understanding of international public and

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19

Noy, Shiri, and Patricia A. McManus. "Modernization, Globalization, Trends, and Convergence in Health Expenditure in Latin America and the Caribbean." Sociology of Development 1, no. 2 (2015): 113–39. http://dx.doi.org/10.1525/sod.2015.1.2.113.

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Are health care systems converging in developing nations? We use the case of health care financing in Latin America between 1995 and 2009 to assess the predictions of modernization theory, competing strands of globalization theory, and accounts of persistent cross-national differences. As predicted by modernization theory, we find convergence in overall health spending. The public share of health spending increased over this time period, with no convergence in the public-private mix. The findings indicate robust heterogeneity of national health care systems and suggest that globalization foste

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Noy, Shiri, and Patricia A. McManus. "Modernization, Globalization, Trends, and Convergence in Health Expenditure in Latin America and the Caribbean." Sociology of Development 1, no. 2 (2015): 321–46. http://dx.doi.org/10.1525/sod.2015.1.2.321.

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Are health care systems converging in developing nations? We use the case of health care financing in Latin America between 1995 and 2009 to assess the predictions of modernization theory, competing strands of globalization theory, and accounts of persistent cross-national differences. As predicted by modernization theory, we find convergence in overall health spending. The public share of health spending increased over this time period, with no convergence in the public-private mix. The findings indicate robust heterogeneity of national health care systems and suggest that globalization foste

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21

Tushnet, Mark. "The Boundaries of Comparative Law." European Constitutional Law Review 13, no. 1 (2017): 13–22. http://dx.doi.org/10.1017/s1574019616000420.

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Boundaries: between public and private law – Political dimensions of private and public law – Boundaries between domestic law and transnational and international law – Boundaries between law and other disciplines, including economics, comparative politics, normative political theory, and hermeneutic disciplines – National styles of comparative law scholarship – Analytic and pragmatic traditions in comparative law scholarship

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22

Cahyani, Indah, and Tatiek Sri Djatmiati. "Demarcation BUMN: Between Private Laws and Public Laws." Yuridika 35, no. 2 (2019): 303. http://dx.doi.org/10.20473/ydk.v35i2.16853.

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The article titled “BUMN between Private Law and Public Law” aims to find the best solution for crossing the position of BUMN that meets in it two different legal regimes namely private law and public law in Indonesia. Until now it has not been found yet, the most appropriate measure to differentiate BUMN/BUMD is subject to state finance or whether it is subject to the private financial system. Law Number 17 of 2003 concerning state finance has a strong public law nuance representing Hobbes's thinking, while Law Number 19 of 2003 concerning BUMN is stronger in the spirit of private law which r

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23

OKMOOSEOK. "Implications of convergence between public and private law in the local government autonomy." Local Government Law Journal 12, no. 2 (2012): 3–27. http://dx.doi.org/10.21333/lglj.2012.12.2.001.

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Golovko, Leonid V. "Public law nature of criminal procedure and contemporary global efforts to reprogram it." Pravovedenie 68, no. 4 (2024): 482–515. https://doi.org/10.21638/spbu25.2024.402.

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The legendary Ulpian’s formula on the distinction between public law and private law has been subject to endless interpretations. However, the most important of them is the French strict organic conception of the public and private law and the English negationist theory within which the public interest can be protected by the private methods. The German and Russian vision is not strict organic, but is not negationist as well developing the substantive conceptions of the public matter which inevitably becomes relativistic. The key models of criminal procedure reflect these approaches to the dis

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Teremtsova, N. V. "Interpretation in modern legal literature on the functioning of private and public law." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 258–63. http://dx.doi.org/10.33663/2524-017x-2021-12-43.

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The article is concerned with problem of interpretation the public and private law. At the beginning of the article the author describes the imperfection of approaches to differentiation.The article examines the topical issue of general theory of law, which contains a delicate phenomenon that has existed for a long time, but during all this time has not developed a common understanding of its basic parameters, and therefore remain controversial theoretical foundations for construction and operation. Its existence raises a number of very important questions about properties for the legal commun

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Spanò, Michele. "Making the Multiple:." South Atlantic Quarterly 118, no. 4 (2019): 839–55. http://dx.doi.org/10.1215/00382876-7825648.

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The essay argues for the compatibility between private law and the commons. In order to do so, it proposes an archeology of modern private law, which traces both the emergence of what will be called “modern topology” and the historical transformation of civil law into what we still know as private law. Private law is considered to be a product of modern legal theory which is radically tied with public law. The two are meant to have the very same logical form—individuality—which was the premise for the social relation of capital to be established. The pivot of this legal maneuver—which ended up

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Kocher, Eva. "Private Standards between Soft Law and Hard Law: The German Case." International Journal of Comparative Labour Law and Industrial Relations 18, Issue 3 (2002): 265–80. http://dx.doi.org/10.54648/5100074.

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Codes of Conduct or private standards by transnational enterprises on the compliance of social minimum standards in production have a legal character, although they are usually not meant to be legally binding. Their legal character derives from their integration into private contracts on the one hand, and from the legal context of competition and consumer law on the other. We can realize this when we, for example, take a closer look at the German legal context. Legal theory should accept these private standards as a way of broadening the public debate over regulation of economic activity into

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Szczepaniak, Rafał. "The Application of Private Law in the Public Sector: A Key Issue in the Legal Theory of EU Member States." European Review of Private Law 31, Issue 1 (2023): 57–92. http://dx.doi.org/10.54648/erpl2023003.

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This text presents a brief synthesis of the most important problems associated with the application of private law in the public sector which have arisen in the last 200 years in the States of Continental Europe. In the author’s view, the application of private law in the public sector is one of the key issues tackled by legal theorists in the EU Member States. At the same time, this issue is not limited to private-law relations involving public entities. In the last 200 years, the institutions and principles of civil law have also served as the building blocks for the development of public (a

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Mills, Alex. "The Private History of International Law." International and Comparative Law Quarterly 55, no. 1 (2006): 1–50. http://dx.doi.org/10.1093/iclq/lei066.

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The purpose of this article is to address two related false assumptions, or myths. The first is an assumption of public international law. It is the myth that the history of international law is one of progressive expansion, of increasing concern in public international law with matters traditionally considered private or internal to States, and that this expansion is a relatively recent phenomenon.1 The second is an assumption of private international law. It is the myth that private international law is not actually international, as it is essentially and necessarily a part of the domestic l

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Schomaker, Rahel M. "Conceptualizing Corruption in Public Private Partnerships." Public Organization Review 20, no. 4 (2020): 807–20. http://dx.doi.org/10.1007/s11115-020-00473-6.

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Abstract This article conceptualizes the vulnerability of the different stages of Public-Private Partnership (PPP) models for corruption against the backdrop of contract theory, principal-agent theory and transaction cost economics, and discusses potential control mechanisms. The article’s contribution to the debate on PPPs is twofold: first, an issue widely neglected by the pertinent literature is conceptualized. Second, as these PPPs are used not only in developed countries whose legal order may shield them sufficiently, but also in developing countries, carving out the vulnerable points in

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Akbari, Sina. "Charter Horizontality, the Public/Private Divide, and Responding to Injustice." Constitutional Forum / Forum constitutionnel 33, no. 4 (2025): 49–66. https://doi.org/10.21991/cf29490.

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The aim of this article is to explore the ways in which private law theory bears on the question of the horizontal effect of the Charter and the promises and limits of horizontality as a way of responding to injustice. Specifically, I ask whether the strategy pursued by the applicants in Cool World is likely to be effective in securing the progressive vision of social justice which Joel Bakan — co-counsel for the applicants — defended in his earlier work on the Charter. I offer a response to this question by showing how private law theorists understand the relationship between private law and

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32

Semitko, Alexey P. "Historical roots and current state of the “public - private law” issue in French legal doctrine." RUDN Journal of Law 25, no. 3 (2021): 562–85. http://dx.doi.org/10.22363/2313-2337-2021-25-3-562-585.

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The Soviet legal system did not know the division of law into private and public, because communist ideology did not recognize anything private. The end of communist experiment and transition to legal state, social market economy and respect for human rights naturally led to the need to revive private law and to further develop it; therefore in Russian jurisprudence the issue of dividing the law into private and public has become relevant. The subject is the French legal doctrine on this issue; the study is carried out on the unpublished in Russia sources. The historical roots of the basic div

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Gray, W. Robert. "Public and Private Speech: Toward a Practice of Pluralistic Convergence in Free-Speech Values." Texas Wesleyan Law Review 1, no. 1 (1994): 1–80. http://dx.doi.org/10.37419/twlr.v1.i1.1.

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The article takes the distinction between public and private speech in the areas of public employment and defamation, where the leading cases are Connick v. Myers and Dun & Bradstreet v. Greenmoss Builders, Inc., respectively, and shows the difficulty which the Supreme Court and the lower federal courts have had in defining public and private speech in First Amendment cases. The thrust of the article is to formulate a clearer definition suitable for use by jurists and lawyers in First Amendment free-speech cases by resorting to three writers of philosophical bent who have addressed the que

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HOWLETT, MICHAEL, and JEREMY RAYNER. "Convergence and Divergence in ‘New Governance’ Arrangements: Evidence from European Integrated Natural Resource Strategies." Journal of Public Policy 26, no. 2 (2006): 167–89. http://dx.doi.org/10.1017/s0143814x06000511.

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To analyse convergence and divergence in Natural Resource New Governance Arrangements (NRNGAs) two regimes in the environmentally-related areas of forest and fisheries management are examined. The findings reveal limited convergence across sectors and countries in the general aims and ideas behind NGAs and evidence of significant policy divergence in the tools and mechanisms created for their implementation. The reasons for the differences lie primarily in the policy formulation process. While the impetus for the adoption of both NRNGAs is in the international and regional realms, without the

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Eisler, Jacob. "Discrimination, Private Liberty, and Public Accommodations Law." Texas A&M Law Review 12, no. 2 (2025): 479–532. https://doi.org/10.37419/lr.v12.i2.2.

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In 303 Creative LLC v. Elenis, a fiercely divided Supreme Court opined that commercial vendors enjoy First Amendment protections to decline to serve customers, even where such a choice is prohibited by state public accommodations regimes. In identifying a clash between personal liberty and state instruction, the decision could radically reshape the public accommodations statutory regime, which prevents discrimination against customers from minority and vulnerable groups. Standard constitutional interpretation cannot explain 303 Creative, and existing doctrinal and scholarly frameworks will str

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Grundmann, Stefan. "European Contract Law and Regulation." European Review of Contract Law 21, no. 1 (2025): 4–72. https://doi.org/10.1515/ercl-2025-2004.

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Abstract This article starts from the assumption that after the landmark decision of the European Court of Justice in Dieselgate of 2023, the relationship between (European) Contract Law, more broadly Private Law, and Regulation has to be revisited – in many ways. It is just as revolutionary for the whole of public good regulation as Courage was for the sub-area of antitrust law in 2001 (which led to the highly important Antitrust Damages Directive). The article tries to explain: that contract law and company law largely run in parallel, as they are the two prime fields of party autonomy, of s

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Gauthier, David. "Public Reason." Social Philosophy and Policy 12, no. 1 (1995): 19–42. http://dx.doi.org/10.1017/s0265052500004556.

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Law is the expression of public reason. I want to explicate and justify this assertion, which lies at the core of a normative theory of law. Primarily, I want to focus on the concept of public reason, showing what it is, relating it to private or individual reason, and finding its rationale in that relation. I shall then argue that public reason exhausts the normative space where law may be found. Appealing to public reason, I shall show that the authority that law claims over the judgments and actions of citizens must ultimately be grounded in their own rationality.

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Beckers, Anna. "A societal private law." European Law Open 1, no. 2 (2022): 380–89. http://dx.doi.org/10.1017/elo.2022.22.

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AbstractThis comment discusses on how legal change can originate from society and the private sphere. It argues that Hesselink’s perspective is too strongly oriented on public sphere and ignores the societal sphere including its transformative potential. The comment centres the concept of private law institutions and institutional change that is a core element in both Katharina Pistor’s diagnosis on coding of capital in law and Martijn Hesselink’s related proposal to reform private law institutions through a comprehensive principle-oriented code. The comment first introduces the idea of legal

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Lacey, Nicola. "Theory into Practice? Pornography and the Public/Private Dichotomy." Journal of Law and Society 20, no. 1 (1993): 93. http://dx.doi.org/10.2307/1410114.

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Anessi-Pessina, Eugenio, Josette Caruana, Mariafrancesca Sicilia, and Ileana Steccolini. "Heritage: the priceless hostage of accrual accounting." International Journal of Public Sector Management 33, no. 2/3 (2019): 285–306. http://dx.doi.org/10.1108/ijpsm-12-2018-0263.

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Purpose The purpose of this paper is to examine how the convergence of private and public sector accounting standards is affecting conceptual and practical issues relating to heritage. More specifically, the paper is intended to provide a better understanding of the state of the art in national and international accounting standards on heritage assets, and of the views influencing such standards. Design/methodology/approach A qualitative documentary analysis is carried out to explore the variety of existing positions and views on heritage, ranging from the scholarly literature, through potenti

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Рафалюк, Елена, and Elena Rafalyuk. "International Integration: Methodological Problems of Research." Journal of Russian Law 2, no. 3 (2014): 42–52. http://dx.doi.org/10.12737/2579.

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The author investigates certain methodological problems of studying international integration. Complication of social relations and appearance of new integrated legislation branches testify to the necessity of using an interdisciplinary approach in the legal science. Such approach suggests taking into account the knowledge of various sciences in order to get an idea of the object under study and can be applied for studying international integration as a general scientific category. But modern legal studies should be based on an intersectoral method as well. Due to the development and deepening

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Rauličkytė, Aušra. "Eminent domain in the theory of natural law." Politologija 10, no. 2 (1997): 73–81. https://doi.org/10.15388/polit.1997.2.4.

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People in the modern state understand inviolability of property rights as a symbol of personal liberty and democratic state. This symbol is an important element of socialisation of political, economic, and legal systems, even though in real life implementation of such a principle is far from its pure and ideal meaning. The right of the state to take private property for public use, or utility, is also presented as a guaranty of safety of private property. Paradoxically, theoretical consolidation of the power of the state was better developed in the political tradition, which rests upon a theor

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TEUBNER, Gunther. "Law and Social Theory: Three Problems." Asian Journal of Law and Society 1, no. 2 (2014): 235–54. http://dx.doi.org/10.1017/als.2014.13.

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AbstractThis paper explores the relationship between law and social theory through a discussion of the shifting views over the last century. The conversation is framed by the example of publication bias in private-public partnership networks, and the inability of a single social theory, including theories of morality and economic utility, to explain the situation’s complexities. The paper argues that where social theory meets law an added value can be generated in terms of legal doctrine if the precarious relationship between autonomy and interconnectedness is respected in terms of transversal

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Kozhushko, Svetlana V. "Contracts in Financial Law: Concept and Features." Rossijskoe pravosudie, no. 8 (July 19, 2023): 24–30. http://dx.doi.org/10.37399/issn2072-909x.2023.8.24-30.

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The paper examines the need to highlight at the legislative level an independent institution of the contract in financial law. Purpose and objectives of the study: to determine how relevant for the public branches of law at the present stage of development of domestic legislation is the formation of an independent institution of contractual relations, taking into account the convergence of public and private principles. Based on a formal legal analysis of the available scientific papers on the topic of the study, a conclusion is made about the importance of introducing the legal term “financia

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Kociemska, Hanna. "Islamic finance merging public finance within public–private partnership." International Journal of Islamic and Middle Eastern Finance and Management 13, no. 4 (2020): 579–92. http://dx.doi.org/10.1108/imefm-01-2018-0022.

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Purpose This paper aims to describe cooperation between public and private market players from different legal and religious orders. The author argues that such public–private partnerships (PPPs) enable the development of a possible convergence between selected areas of mainstream public finance and the Islamic moral economy (IME). Design/methodology/approach This paper explores the theory of both mainstream finance and the IME, and using deductive reasoning from axioms, develops the assumptions of a theoretical approach to heterodox PPP. The proposed method affects the ability to find common

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Resmen, Abdul Madjid, Faidzin Sulistyo, and Reka Dewantara. "Regulation of private sector bribery as a crime of corruption." International Journal of Research in Business and Social Science (2147- 4478) 11, no. 6 (2022): 584–90. http://dx.doi.org/10.20525/ijrbs.v11i6.1936.

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Bribery is a form of corruption, but under Indonesian corruption law, bribery from private actors and other private actors (private to private) is not categorized as a criminal act of corruption. The purpose of this study is to analyze the regulation of bribery as a criminal act of corruption in the future. This research applies normative legal research, using a normative juridical approach, using legal material analysis techniques obtained from the research, examined, to be compiled systematically and presented in descriptive sentences. The results of the study indicate that based on the econ

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Chen, Bin. "Rethinking New Public Management: A Metaphorical Approach." Chinese Public Administration Review 6, no. 3-4 (2011): 37–46. http://dx.doi.org/10.22140/cpar.v6i3.4.90.

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There has been a notion that public administration is steadily progressing toward a unanimously accepted and universally applicable administrative reform theory and practice called the New Public Management (NPM). To reinvent their public sectors, many countries have embraced the ideas of NPM that are based on the private sector model. Through the lens of a metaphorical analysis, this paper highlights and explores the specific weakness in the NPM's claim of a convergence to a business-like model driven by competition and technological advances, reveals the private interests disguised as public

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Chen, Bin. "Rethinking New Public Management: A Metaphorical Approach." Chinese Public Administration Review 6, no. 3/4 (2016): 37. http://dx.doi.org/10.22140/cpar.v6i3/4.90.

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There has been a notion that public administration is steadily progressing toward a unanimously accepted and universally applicable administrative reform theory and practice called the New PublicManagement (NPM). To reinvent their public sectors, many countries have embraced the ideas of NPM that are based on the private sector model. Through the lens of a metaphorical analysis, this paper highlights and explores the specific weakness in the NPM’s claim of a convergence to a business-like model driven by competition and technological advances, reveals the private interests disguised as public

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Pytlovana, V. P., and V. V. Andriiuk. "Evolution of philosophical and legal ideas regarding the relationship between public and private law in western legal thought during the formation of legal dichotomy." Uzhhorod National University Herald. Series: Law 1, no. 85 (2024): 11–19. http://dx.doi.org/10.24144/2307-3322.2024.85.1.1.

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The article is devoted to the study of the evolution of philosophical and legal ideas regarding the relationship between public and private law in Western legal thought during the formation of legal dichotomy. The author traces the development of the concept of dividing law into public and private from antiquity to the end of the 19th century, analyzing the views of leading philosophers and jurists. The work highlights the origin of ideas distinguishing between public and private spheres in the works of ancient Greek thinkers Aristotle and Demosthenes. The author notes that after a long period

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Li, Yao. "Ancient Chinese Concepts of Public Law and the Influence of the Dogmatics of Soviet Public Law on Chinese Civil Law." Pravovedenie 68, no. 4 (2024): 575–90. https://doi.org/10.21638/spbu25.2024.406.

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The state-legal ideals of ancient China were of a public-law nature, private law being of subsidiary importance at that time. At a time when the imperial system was being targeted by Western powers and the subject of heated debate in Chinese society, it was necessary to take decisive steps to change the existing law. That is why jurists, including Shen Jiaben (1840–1913), the most famous jurist of the period, began to develop appropriate legal reforms, borrowing Western legal doctrines and legislation, and thus for the first time overcoming the old style of Qing legislation, which did not dist

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