Private Interest and Public Interest in European Legal Tradition

Bronisław Sitek , Jakub Szczerbowski , Aleksander Bauknecht , Magdalena Szpanowska , Katarzyna Wsyliszyn

Abstract

Despite the ongoing debate whether comparative law is a separate area of law, it is at least a set of research methods, a superstructure that makes possible analyzes of important legal, social and economic problems. Par- ticularly it is suited for studies of border areas, transformations as well as transfers of legal institutions and within them. One of the most notable Roman jurists Ulpian developed the theory of interest as a criterion of dis- tinction between the public and private law. Today it is known that his statement: “Public law is that, which concerns Roman state, private law is concerned with the interests of citizens” is only one of many perspectives on the clash of the legal fields.

After the first book “Comparative Law in Eastern and Central Europe” was published in 2013, this book is a further step to promote comparative research in social sciences and especially law. The authors of the papers come mostly from Central and Eastern Europe. Although they were detached during the communist period from the mainstream legal changes in Europe and all over the world they recognize laws of their countries as a part of the European legal tradition rooted in the Roman law. Despite the availability of the English language as a modern lingua franca, Franz-Rudolf Herber still sees Latin as an important element of legal edu- cation and unification of private law in the European Union and calls for its teaching, just like any other modern languages.

Characteristic for the post-communist and still evolving legal systems of Central and Eastern Europe is not only an ideological but also a real clash of two areas of law - the public and the private one. Although interven- tionism never reached its apogee such as i.e. in the Soviet Union, the state interfered gradually in legal relations and reduced the private sphere. The time of changes at the turn of the 80s and 90s showed that many thinkers choked on liberal economics. In that countries it is now well known that neither pure socialism nor capitalism could be the right solution. Moreover the ideologization of comparative researches on both sides of the Iron Cur- tain distorted the results of academic endeavors. Now the former socialist countries have also become members of the European Union. Together with the states of Western Europe, that have not experienced communism or even socialism, but hold the latter increasingly as a way of salvation from recurrent crises. About the way of the European Union to establish one civil code writes one of the main authors of the “Common Frame ofReference” and the chairman of Study Group on a European Civil Code Chrisitan von Bar. 

Book typeMonograph
Editor Bronisław Sitek (Wydział Prawa)
Bronisław Sitek,,
- Wydział Prawa
, Jakub Szczerbowski (Wydział Prawa)
Jakub Szczerbowski,,
- Wydział Prawa
, Aleksander Bauknecht
Aleksander Bauknecht ,,
-
, Magdalena Szpanowska
Magdalena Szpanowska,,
-
, Katarzyna Wsyliszyn
Katarzyna Wsyliszyn,,
-
Publisher name (outside publisher list) UWM Olsztyn
Publishing place (Publisher address)Olsztyn
ISBN978-83-62383-55-9
Issue year2015
VolPrivate Interest and Public Interest in European Legal Tradition
No1
Pages545
Publication size in sheets27.25
Abstract in PolishDespite the ongoing debate whether comparative law is a separate area of law, it is at least a set of research methods, a superstructure that makes possible analyzes of important legal, social and economic problems. Par- ticularly it is suited for studies of border areas, transformations as well as transfers of legal institutions and within them. One of the most notable Roman jurists Ulpian developed the theory of interest as a criterion of dis- tinction between the public and private law. Today it is known that his statement: “Public law is that, which concerns Roman state, private law is concerned with the interests of citizens” is only one of many perspectives on the clash of the legal fields. After the first book “Comparative Law in Eastern and Central Europe” was published in 2013, this book is a further step to promote comparative research in social sciences and especially law. The authors of the papers come mostly from Central and Eastern Europe. Although they were detached during the communist period from the mainstream legal changes in Europe and all over the world they recognize laws of their countries as a part of the European legal tradition rooted in the Roman law. Despite the availability of the English language as a modern  Franz-Rudolf Herber still sees Latin as an important element of legal edu- cation and unification of private law in the European Union and calls for its teaching, just like any other modern languages.Characteristic for the post-communist and still evolving legal systems of Central and Eastern Europe is not only an ideological but also a real clash of two areas of law - the public and the private one. Although interven- tionism never reached its apogee such as i.e. in the Soviet Union, the state interfered gradually in legal relations and reduced the private sphere. The time of changes at the turn of the 80s and 90s showed that many thinkers choked on liberal economics. In that countries it is now well known that neither pure socialism nor capitalism could be the right solution. Moreover the ideologization of comparative researches on both sides of the Iron Cur- tain distorted the results of academic endeavors. Now the former socialist countries have also become members of the European Union. Together with the states of Western Europe, that have not experienced communism or even socialism, but hold the latter increasingly as a way of salvation from recurrent crises. About the way of the European Union to establish one civil code writes one of the main authors of the “Common Frame ofReference” and the chairman of Study Group on a European Civil Code Chrisitan von Bar. 

URL https://710396b9-a-62cb3a1a-s-sites.googlegroups.com/site/compconference/Private_Interest_and_Public_Interest_in_European_Legal_Tradition.pdf?attachauth=ANoY7coP6L4VCmn0zPjdvaPnptV8W203JAUMnBRurS6OpKGo4RWrSkbkGwsYghNrkgHK5XBts6xMkMn-8yOHiV6WA6lR5SsOXP54WNn
Languagepl polski
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