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Finally, I will argue that the distinction does not rest on sound theoretical ground.…
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The oldest criterion related to the distinction between public and private law is…
Of course, it could be argued that certain harms are both private and public in nature
What is articulated above is certainly a deficiency for the interest criterion. The…
There is an even more fundamental problem with the interest theory. Notice first…
Moreover, it is possible to argue that public interest can be expressed in terms…
This account does not demonstrate that the concept of public interest is completely…
Lastly, it could also be argued that the interest theory is deficient because it…
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Some Roman lawyers examined legal relations under three categories. They were between…
In a similar vein, the division between public and private law could be explained…
Kemal Gözler points out that Montesquieu’s approach overlooks the cases where organs,…
Perhaps, however, this is not the correct way to criticize a theoretical distinction…
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The criterion based on the characteristics of the norms rests on the following: Public…
Interestingly, however, interpretative norms do not appear only in the fields of…
Note also that all interpretative norms are peremptory in the sense that they cannot…
Let me now turn to the case of auxiliary norms. In the case of auxiliary norms, the…
In light of the foregoing, I believe that the criterion of the peremptoriness of…
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The difference in enforcement is another criterion for separating private law from…
For instance, in the case of murder, prosecutors do not wait for the submission of…
It is true that the majority of public law norms (as accepted by the majority) are…
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According to the last criterion “characteristics of the regulated relation”, public…
This criterion is similar to the one defended by Montesquieu. However, note that…
There is a question mark over the emphasis on the “relations”. Do norms have to concern…
Another problem with this criterion is the existence of norms regulating the relation…
Kemal Gözler considers the criterion of the “characteristics of the regulated relation”…
I believe that the “equality” in private law should be understood as the absence…
