‘Reinvigorating the Public-Private Law Divide: A Hohfeldian Construction of the State’

“In a previous NPL post, I drew upon the work of Wesley Hohfeld to counter two major arguments often levied against the public-private law distinction. To do so, I implicitly assumed that a third major criticism — namely, that ‘the State’ is a vague and ambiguous concept — was wanting. Here, I squarely address this assumption. Before doing so, I briefly review my two major points in the previous post. First, using Hohfeldian theory, I argued that the public-private law distinction turns on the identity of the actors concerning a specific legal relation …” (more)

[Ted Sichelman, New Private Law, 18 October]

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