History of the Public/Private Distinction

  title={History of the Public/Private Distinction},
  author={Morton J. Horwitz},
  journal={University of Pennsylvania Law Review},
  • Morton J. Horwitz
  • Published 1 June 1982
  • History, Law
  • University of Pennsylvania Law Review
The distinction between public and private realms arose out of a double movement in modern political and legal thought. On the one hand, with the emergence of the nation-state and theories of sovereignty in the sixteenth and seventeenth centuries, ideas of a distinctly public realm began to crystallize.' On the other hand, in reaction to the claims of monarchs and, later, parliaments to the unrestrained power to make law, there developed a countervailing effort to stake out distinctively… 

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