Private Law Theory

Abstract
This article models the circumstances in which hybrid public and private enforcement systems exist in both public and private law. Although public law is normally enforced publicly and private law privately, there are a number of notable departures from this pattern – of which competition law provides one example – in which the law is enforced both by public agents and private parties. Is such hybrid enforcement a historical anomaly, or a rational, ongoing practice? Here I suggest that enforcement hybridity is indeed a rational, if exceptional practice – one that is justified by isolated, pragmatic considerations, but also by broader, moral justifications rooted in public and private rights.

Barker, Kit, Modelling Public and Private Enforcement: The Rationality of Hybridity (March 27, 2018). University of Queensland Law Journal, forthcoming .

First posted 2018-07-03 05:24:11