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The Concept of Public Interest

Publication at Faculty of Law |
2021

Abstract

Public interest, in the words of Felix Frankfurter, is a "vague, impalpable but all-controlling consideration". It carries legitimacy and justifies coercion.

Its vagueness, combined with its extensive range, entails the concept's success just as it is responsible for its failings. This chapter is dedicated to the analysis of the challenges inherent to the quest of those aspirations that (claim to) unite the political community.