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    This document discusses the distinction between public and private law. [1] Under Roman law, public law involved laws relating to the governance of Rome and sacred rites, while private law focused on individual welfare. [2] Martin Loughlin defines public law as the practices around establishing and regulating governmental activity, which can only be understood once political governance is conceptualized as its own autonomous sphere. [3] The document then lists several other dichotomies that relate to the public vs private law distinction such as legitimacy vs prudence and rights vs interests.

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    guest speaker jot down notes day 8

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    This document discusses the distinction between public and private law. [1] Under Roman law, public law involved laws relating to the governance of Rome and sacred rites, while private law focused on individual welfare. [2] Martin Loughlin defines public law as the practices around establishing and regulating governmental activity, which can only be understood once political governance is conceptualized as its own autonomous sphere. [3] The document then lists several other dichotomies that relate to the public vs private law distinction such as legitimacy vs prudence and rights vs interests.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    6 views1 page

    Personaladlaw

    Uploaded by

    Stu Docu
    This document discusses the distinction between public and private law. [1] Under Roman law, public law involved laws relating to the governance of Rome and sacred rites, while private law focused on individual welfare. [2] Martin Loughlin defines public law as the practices around establishing and regulating governmental activity, which can only be understood once political governance is conceptualized as its own autonomous sphere. [3] The document then lists several other dichotomies that relate to the public vs private law distinction such as legitimacy vs prudence and rights vs interests.

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    of 1

    Admin law:

    Private vs public:

    • Roman Law, still (6th c.)


    – Publicum ius est, quod ad statum rei Romanae spectat, privatum, quod ad
    singulorum utilitatem. (“the government of the Roman empire” vs. “the welfare
    of individuals”).
    – Publicum ius in sacris, in sacerdotibus, in magistratibus consistit. (“sacred rites,
    with priests, with public officers”)
    • Martin Loughlin (2005)
    – “a set of practices concerned with the establishment, maintenance and
    regulation of the activity of governing the state … the nature of [which] can be
    grasped only once that activity has been conceptualised as constituting an
    autonomous sphere; the political realm”

    • Legitimacy vs. prudence


    • Rights vs. interests
    • Private vs. public
    – Public vs. private
    • Autonomy vs. heteronomy
    • Government vs. management
    • Equality vs. hierarchy
    • Judiciary vs. executive
    • Legislature vs. executive
    • Fiction vs. fact
    – Ideology vs. reality
    – Ideal vs. actual
    – Theory vs. practice

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