Private Law Public Law Public Law and Public Law Culture Culture by fdjerue7eeu


									Culture of private law public law, "public law" and "public law culture"

 culture of private law public law before the
 Ulpian (third century AD, the Roman scientist Dafa) is a discourse that the
relationship between public and private law : "law is about the stability of the Roman
state law, private law is the law related to personal interests. In fact, they are some of
the benefit of the public interest, while others are for the benefit of the private."
(yellow wind Translation "Corpus Juris to Peking? justice and Act "), descendants
distinguish public and private law, have the main say, the interests of that relationship
so that the standard, though not the same, but to the inherent classification for the law
and basic areas are common. In fact, until this century ago, this situation never faced
challenges from. Therefore, the classification of public and private law that is on a
great tradition of Western jurisprudence, was not excessive.

 private law as early as Roman times already highly developed, present a splendid
sight, it is an indisputable fact. As for the law, the general view is that before the
nineteenth century, this natural area of law and private law can not be compared. On
this point, one need only recall the constitutional and administrative law (public law
they are considered the most typical part of) the recent origin of the very clearly. A
ready explanation of this phenomenon because, in a wide range of political freedom
and democracy to be realized, either in theory or in the system level aspects, such as
private law public law want to get the same development is unthinkable. Therefore,
such as ancient Rome, public and private law proposal of this classification, so much
help to the law of balanced development in both areas, rather that more unilateral
established the legitimacy of private law. In other words, at the time of the empire
under the political system, the prosperity of private law at least to some extent,
inhibited by public law as the prerequisite.

 the explanation of the course, in some convincing, but it was not possible that we
will be fully satisfied. Development of public law is really just "modern" things, but
the law already exists, after all. If you write a "history of public law," we will join and
how to deal with them breaking? Accordance with the above explanation, it is easy to
conclude that the law is purely a product of modern times. For example, a comparison
took famous eighteenth-century natural public law as a unique contribution to the law
school. It is because of the efforts of this school, people began to recognize the "area
of the law should be extended to the rulers and the ruled, government agencies and the
relations between individuals" (Rene? David: "Contemporary principal legal systems"
§ 46). However, this is a dubious argument. Is it in Western history, the rulers and the
ruled not subject to the relationship between the law binding? Is the 18 centuries ago,
thousands of centuries, had not been legally given on such a relationship or another
explanation? If so, how will we understand the law in the "modern" the incredible and
the sudden rise, but also how to interpret the various nation-states throughout the
visible unity of public law principles? Conversely, if not, then we have to ask: those
long history, much of what is, during which if there is some significance for the later
development of construction elements, if so, where performance, and, repeat this
What section of historical significance, and so on. No doubt, this is a big topic, even a
few people so far, a comprehensive and systematic exploration over the big topic.
However, some may take note of the attempt. For example ESCorwin discuss the
ideological background of the U.S. Constitution, not only we are more familiar with a
number of British and American celebrities, but by the twelfth, thirteenth-century
theologians, jurists, goes back to the tragedy of Greek and Roman philosophers and
jurists . Others discuss the so-called constitutional religious origins (such as
CJFriedrich) or constitutional medieval precursor (such as RW.Carstens) also intends
to open up the past and present. In this regard, but rather late in the system, a book is
HJ Berman's "Law and Revolution."

  major discussion of this between 11-13 century masterpiece of legal development in
Europe as "the formation of the Western Legal Tradition" as the subtitle. This is to
show that the legal theory of the uniqueness holds. Regardless of what is the
significance of this theory, since the stick of "Western" concept of unity, and starting
from the eleventh century to explore the origins of modern law, he was actually on the
question above, we provide some answers. Following on in accordance with the "Law
and Revolution," a book chapter is structured in the brief history.

 11 century development of Western law is one of the significant features of the law
of duality and pluralism. On the one hand, sudden emergence of canon law led
directly to the development of secular law, and thus contributed to the canon law and
secular law side by side between the binary pattern. On the other hand, formal and
systematic trend in the legal driving under the secular law within the various legal
systems, such as the feudal law, estate law, commercial law, urban law and royal law
also received varying degrees of development. These laws belong to each other, each
with its special origin and independent status, which adjusts all aspects of social life at
that time, together constitute a complete legal picture. The establishment of such a
pattern of public law for the development of Western history, has an extremely
profound impact. Now we look at the church law of the case. / Center>

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