The Public Law Private Law Divide: Une Entente Assez Cordiale? = La Distinction Du Droit Public Et Du Droit Prive: Regards Francais Et Britanniques (Studies ... Institute of European and Comparative Law)

The contributions brought together in this book derive from joint seminars held by scholars from the University of Oxford and the University of Paris II. The starting point is the original divergence between two jurisdictions, with the initial rejection of the public-private divide as viewed under English law, while at the same time, the total acceptance as natural in French law. The book then demonstrates that the two systems have convergedâ?”the British one towards a certain degree of acceptance of the division and the French one towards a growing questioning of the division. However this is not the only part of the story, since both visions are now commonly colored and affected by European law and by globalization, which introduces new tensions into our legal understanding of what is "public" and what is "private". The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However, this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private." Preliminaries 1 SERIES EDITOR’S FOREWORD 5 Contents 10 1. The Evolving Approach to the Public 107 2. English Law's Treatment of Government Contracts 127 3. Competition Law and the Public 145 4. Making Sense of the Ramsay Principle 179 5. Judicial Control of Contractual Discretion, 209 6. Unpacking the Toolbox: Or Why the Public 229 7. Consumer Law and the Distinction between Public Law and Private Law 257 Features contributions, which are derived from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law This work features contributions derived from joint seminars, held by scholars from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law