Abstract
In the article "On the Private/Public Dualism in the Latin-Christian Civilisation" she presents alternatives to the division into private and public law, primarily by drawing on Koneczny's comparative theory on the history of civilisations. A closer look, both philosophical-ethical and historical-legal, at selected milestones in the evolution of approaches to the distinction between private and public law in the continental legal systems suggests that this distinction can be analysed and evaluated on several basic levels: (a) as a typological (general) characteristic of a particular legal system; (b) as a taxonomy of law and legal rules; (c) as a method of legal regulation; (d) as a classification of legal sanctions and forms of legal protection, (e) as a taxonomy of legal persons and their rights and relationships.
At all levels the approach can be descriptive or prescriptive, or a combination of both. The author considers as key the first two dimensions, which also affect the other levels.
The author notes that it is possible to identify a "core" of private and public law, i.e., the core areas and the borderline areas. Nevertheless, the existence of cases which are difficult to classify does not, in the author's view, support the conclusion that the division is inappropriate or illogical, and this difficulty can be overcome if legal dualism is contemplated at any of the above-mentioned levels in the light of typology where some imperfections can be, by definition, expected, rather than in the light of logical classification.