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SSRN Electronic Journal, 2020
Comparative public law is a meeting place for a number of different research traditions: doctrinally oriented comparative public law, the qualitative tradition in socio-legal studies, and the comparative dimension of American political science research on public law. While almost everyone agrees that a transnational, multidisciplinary conception of the
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Comparative public law is a meeting place for a number of different research traditions: doctrinally oriented comparative public law, the qualitative tradition in socio-legal studies, and the comparative dimension of American political science research on public law. While almost everyone agrees that a transnational, multidisciplinary conception of the
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From Public Law to Public Policy, or The “Public” in “Public Law”
PS, 1972In a self-consciously forward looking survey recently published in PS, Glendon Schubert continues to employ the phrase “public law” as roughly synonymous with the legal concerns of political science. The recent publication of Murphy and Tanenhaus' The Study of Public Law also reaffirms that, in spite of the movement toward “judicial behavior,” which it
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Public Law before ‘Public Law’
2018The chapter analyses the historical significance of the distinction between public and private law. Despite the precise and remote Roman origins, it was only at the beginning of the nineteenth century that such distinction became a crucial dichotomy in continental Europe, thanks to Kant’s and Savigny’s theoretical premises.
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2015
This chapter is concerned with the extent to which we should think in terms of ‘public law’ or ‘public laws’. The topic is perennial. There has been debate in relation to most legal subjects as to whether we should, for example, think in terms of a law of contract or laws of contract, the latter capturing the idea that there are different bodies of law
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This chapter is concerned with the extent to which we should think in terms of ‘public law’ or ‘public laws’. The topic is perennial. There has been debate in relation to most legal subjects as to whether we should, for example, think in terms of a law of contract or laws of contract, the latter capturing the idea that there are different bodies of law
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SSRN Electronic Journal, 2020
This chapter sets out the general contours of a Marxist approach to the study of public law. It begins by setting out some of the core elements of Marxist analysis, namely historical materialism and class antagonism, and noting the general relevance of these foundational principles for Marxist approaches to law in general. The chapter then looks at the
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This chapter sets out the general contours of a Marxist approach to the study of public law. It begins by setting out some of the core elements of Marxist analysis, namely historical materialism and class antagonism, and noting the general relevance of these foundational principles for Marxist approaches to law in general. The chapter then looks at the
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Public Law and Economic Analysis of Law - Public Law Theory and Public Policy -
Korean Journal of Law and Economics, 2018명예로운 위공상을 수상하게 된 것을 진심으로 기쁘게 생각합니다. 다음의 글에서는 간략하게나마 학교에 부임한 이후 공법 분야에 대한 저의 법경재학적 관심과 연구 주제를 정리해 보았습니다. 그 연구 주제들은 공법이론 연구방법론으로서 공공선택이론과 사법심사, 경제규제행정법이론과 경제적 효율성, 행정재량의 근거와 범위, 그리고 사법심사, 현대행정법이론과 합리적 선택이론, 정치적 효율성과 경제적 효율성, 공법과 사법의 상호관계, 기후 변화 시대의 불법행위법과 에너지법, 개인정보 보호의 법경제학 등과 같은 주제들을 아우르고 있습니다.
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The Public, the Private and the Law
SSRN Electronic Journal, 2012This paper aims at challenging the perceived continuity between the underlying normativety of, on the one hand, the public and the private domains of social action and, on the other, the normativity of public and private law. As the argument goes, the underlying normative assumptions of the utilization of law (in general) by the political community do ...
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