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Discerning public law concepts in corporate law discourse

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The relationship between private and public law has long been the focus of critical attention, but recent years have seen the growing influence upon private law of statutory intervention, public regulation, corporate globalisation and constitutional and international human rights norms. Such developments increasingly call into question the capacity of private law reasoning to operate in isolation from public institutions and goals. Commencing with three contrasting visions of the nature and importance of distinctions between public and private in the modern day, this book traces a number of encounters between private law and 'public' values in key areas of private law doctrine, such as charity law, commercial law, tort law and class actions, across several jurisdictions. It examines the influence within these fields of public concepts and goals, such as behavioural modification, accountability and anti-discrimination norms, as well as the (reverse) influence that private law has upon ('public') human rights jurisprudence.
Original languageAmerican English
Title of host publicationPrivate Law
Subtitle of host publicationKey Encounters with Public Law
EditorsKit Barker, Darryn Jensen
PublisherCambridge University Press
Chapter9
Pages265-287
ISBN (Print)9781107039117
DOIs
StatePublished - Jan 2014

Keywords

  • Civil Law
  • Public Law

Disciplines

  • Business Law, Public Responsibility, and Ethics
  • Civil Law

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