Private Law Theory

INTRODUCTION
The division between private law and public law has been a distinctive feature of civil-law systems for millennia, but it has only relatively recently been taken seriously in the common-law world. And it is also only of late that scholars are globally appreciating that conventional presentations of the relationship between private law and the state require re-appraisal, given the increased uncertainty about the role and functions of the state. The purpose here is to examine the relationship between private law, public law, and the state from the perspective of South African law, whose private law operates within the broader context of a constitutional framework that recognises a bill of rights with directly horizontal application. The focus will especially be on how the courts have met the challenge of applying and developing private law beyond its traditional fields of operation. To aid this investigation, we will start with some broad observations on the way in which South African law approaches the distinction between private law and public law …

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JE du Plessis, Private Law, Public Law, and the State: A South African Perspective (2024) 87(1) Tydskrif vir Hedendaagse Romeins-Hollandse Reg (Journal for Contemporary Roman-Dutch Law) 1.