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- Title
Keeping It Private.
- Authors
Schwarzschild, Maimon
- Abstract
The article focuses on the reasons leading to the treatment of private law cases under common law principles, by the judges of English speaking countries. It reports that the judges do not promote the vision of human rights and justice through private law decisions, as they do in public law adjudication. It discusses several differences between public and private law and mentions the reasons for their distinctive treatment which include issues related to undermining of legal stability, legitimacy, transparency and impartiality. It also mentions the liberal ideas associated with the common law principles and states the procedures involved in legislation of public and private law.
- Subjects
CIVIL law; PUBLIC law; JUDGES; LEGAL judgments; ADMINISTRATIVE procedure; LEGITIMACY of governments; FAIRNESS; COMMON law; LEGISLATION
- Publication
San Diego Law Review, 2007, Vol 44, Issue 3, p677
- ISSN
0036-4037
- Publication type
Article