Materials for a sociological study of the distinction between public law and private law

Journal title SOCIOLOGIA DEL DIRITTO
Author/s Ivan Pupolizio
Publishing Year 2012 Issue 2012/2 Language Italian
Pages 28 P. 7-34 File size 191 KB
DOI 10.3280/SD2012-002001
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This article describes the distinction between public law and private law and how it has been transformed into what Bobbio called a "great dichotomy". By analysing certain classics of both sociology of law and philosophy of law, the author sets out to identify two opposing "ideological functions" of this dichotomy, related respectively to the primacy of public law and of private law. Finally, the article traces the private focus of law back to its principal historical roots and analyses certain more recent versions that maintain its ideological meaning intact.

Keywords: Public law - Private law - Dichotomy - Ideology

Ivan Pupolizio, Materiali per uno studio sociologico della distinzione tra diritto pubblico e diritto privato in "SOCIOLOGIA DEL DIRITTO " 2/2012, pp 7-34, DOI: 10.3280/SD2012-002001