Get 20M+ Full-Text Papers For Less Than $1.50/day. Start a 14-Day Trial for You or Your Team.

Learn More →

Book Review: European Public Law: The Achievement and the Challenge , Second Edition, by Patrick Birkinshaw. (Alphen aan den Rijn:WoltersKluwer, 2014)

Book Review: European Public Law: The Achievement and the Challenge , Second Edition, by Patrick... BOOK REVIEWS Patrick Birkinshaw, European Public Law:The Achievement and the Challenge, Second Edition (Alphen aan den Rijn: WoltersKluwer, 2014), ISBN 978-90-411-4744-8, xvii + 693pp., GBP 148. `All law is public law'.This is what Emile Durkheim wrote in The Division of Labor in Society (1893). Prof. Birkinshaw, the author of this second edition of his Opus Magna, European Public Law, agrees with Durkheim. And I do as well. According to Durkheim, all law is public insofar as law is a social function and `all individuals are functionaries of society'. I would add to this sociological dimension of law an analytical one. Since the Romans, law was set up to solve the problems of trust (fides) that are associated to the promises that individuals make as regards other individuals.Therefore, even private law has, or would have, a public dimension: if it were not enforceable by public authorities, by the courts, it would be useless for that purpose. The trust-giving element would therefore disappear. Therefore, all law is public, because even what apparently is private law needs the public fiat to become credible. In the absence of it, trust problems (the nucleus of human problems) would re-emerge. What is true for http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Public Law Kluwer Law International

Book Review: European Public Law: The Achievement and the Challenge , Second Edition, by Patrick Birkinshaw. (Alphen aan den Rijn:WoltersKluwer, 2014)

European Public Law , Volume 22 (2) – Apr 1, 2016

Book Review: European Public Law: The Achievement and the Challenge , Second Edition, by Patrick Birkinshaw. (Alphen aan den Rijn:WoltersKluwer, 2014)


BOOK REVIEWS Patrick Birkinshaw, European Public Law:The Achievement and the Challenge, Second Edition (Alphen aan den Rijn: WoltersKluwer, 2014), ISBN 978-90-411-4744-8, xvii + 693pp., GBP 148. `All law is public law'.This is what Emile Durkheim wrote in The Division of Labor in Society (1893). Prof. Birkinshaw, the author of this second edition of his Opus Magna, European Public Law, agrees with Durkheim. And I do as well. According to Durkheim, all law is public insofar as law is a social function and `all individuals are functionaries of society'. I would add to this sociological dimension of law an analytical one. Since the Romans, law was set up to solve the problems of trust (fides) that are associated to the promises that individuals make as regards other individuals.Therefore, even private law has, or would have, a public dimension: if it were not enforceable by public authorities, by the courts, it would be useless for that purpose. The trust-giving element would therefore disappear. Therefore, all law is public, because even what apparently is private law needs the public fiat to become credible. In the absence of it, trust problems (the nucleus of human problems) would re-emerge. What is true for private law, what makes private law being, in reality, a more flexible form of public law, is even truer, of course, as regards what we commonly consider as public law stricto sensu. Public law is the law that regulates the behaviour of public institutions. Put in different terms, public law is what makes credible the commitments which are made by public institutions, and within them, by political actors. If it were not for public law, nobody would believe in political actors' promises. Or, expressed in different terms, under certain conditions, public law (law, tout court) could be viewed as the most sophisticated institutional technology that human beings have created to render promises more credible. Law, understood in this sense, is the...
Loading next page...
 
/lp/kluwer-law-international/book-review-european-public-law-the-achievement-and-the-challenge-5HIUDaQTEW
Publisher
Kluwer Law International
Copyright
Copyright © Kluwer Law International
ISSN
1354-3725
Publisher site
See Article on Publisher Site

Abstract

BOOK REVIEWS Patrick Birkinshaw, European Public Law:The Achievement and the Challenge, Second Edition (Alphen aan den Rijn: WoltersKluwer, 2014), ISBN 978-90-411-4744-8, xvii + 693pp., GBP 148. `All law is public law'.This is what Emile Durkheim wrote in The Division of Labor in Society (1893). Prof. Birkinshaw, the author of this second edition of his Opus Magna, European Public Law, agrees with Durkheim. And I do as well. According to Durkheim, all law is public insofar as law is a social function and `all individuals are functionaries of society'. I would add to this sociological dimension of law an analytical one. Since the Romans, law was set up to solve the problems of trust (fides) that are associated to the promises that individuals make as regards other individuals.Therefore, even private law has, or would have, a public dimension: if it were not enforceable by public authorities, by the courts, it would be useless for that purpose. The trust-giving element would therefore disappear. Therefore, all law is public, because even what apparently is private law needs the public fiat to become credible. In the absence of it, trust problems (the nucleus of human problems) would re-emerge. What is true for

Journal

European Public LawKluwer Law International

Published: Apr 1, 2016

There are no references for this article.