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Book Chapter: Law and the Public/Private Distinction
Title | Law and the Public/Private Distinction |
---|---|
Authors | |
Issue Date | 2019 |
Publisher | Edward Elgar Publishing Limited. |
Citation | Law and the Public/Private Distinction. In Christodoulidis, E, Dukes, R. and Goldoni, M. (Eds.), Research Handbook on Critical Legal Theory, p. 135-150. Cheltenham: Edward Elgar Publishing Limited, 2019 How to Cite? |
Abstract | The public nature of modern state law determines what becomes private, how, and with what consequences. Two contrasting readings of this claim are examined. The first, drawing on Marx, is a critique which argues that the differentiation between public and private operates ideologically to legitimate exploitation. The second treats the juridical deployment of the distinction as necessary in the defence of human dignity against the operation of economic or scientific calculation. The chapter then assesses how three qualities specific to the public sphere may be seen as central to thinking relations and things in common, and in so doing, renewing the value of the public in its determination of what is deemed private and what not. |
Description | Research handbooks in legal theory |
Persistent Identifier | http://hdl.handle.net/10722/274496 |
ISBN |
DC Field | Value | Language |
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dc.contributor.author | Veitch, TS | - |
dc.date.accessioned | 2019-08-18T15:02:50Z | - |
dc.date.available | 2019-08-18T15:02:50Z | - |
dc.date.issued | 2019 | - |
dc.identifier.citation | Law and the Public/Private Distinction. In Christodoulidis, E, Dukes, R. and Goldoni, M. (Eds.), Research Handbook on Critical Legal Theory, p. 135-150. Cheltenham: Edward Elgar Publishing Limited, 2019 | - |
dc.identifier.isbn | 9781786438881 | - |
dc.identifier.uri | http://hdl.handle.net/10722/274496 | - |
dc.description | Research handbooks in legal theory | - |
dc.description.abstract | The public nature of modern state law determines what becomes private, how, and with what consequences. Two contrasting readings of this claim are examined. The first, drawing on Marx, is a critique which argues that the differentiation between public and private operates ideologically to legitimate exploitation. The second treats the juridical deployment of the distinction as necessary in the defence of human dignity against the operation of economic or scientific calculation. The chapter then assesses how three qualities specific to the public sphere may be seen as central to thinking relations and things in common, and in so doing, renewing the value of the public in its determination of what is deemed private and what not. | - |
dc.language | eng | - |
dc.publisher | Edward Elgar Publishing Limited. | - |
dc.relation.ispartof | Research Handbook on Critical Legal Theory | - |
dc.title | Law and the Public/Private Distinction | - |
dc.type | Book_Chapter | - |
dc.identifier.email | Veitch, TS: veitch@hku.hk | - |
dc.identifier.authority | Veitch, TS=rp01295 | - |
dc.identifier.doi | 10.4337/9781786438898.00015 | - |
dc.identifier.hkuros | 302348 | - |
dc.identifier.spage | 135 | - |
dc.identifier.epage | 150 | - |
dc.publisher.place | Cheltenham | - |