Discussing Context and Perception of Public and Private Laws and their Impact on Society

Christopher de Freitas Bradley () and Florina Sandu (Udroiu) ()
Additional contact information
Christopher de Freitas Bradley: Valahia University of Targoviste, Targoviste, Romania
Florina Sandu (Udroiu): Valahia University of Targoviste, Targoviste, Romania

HOLISTICA Journal of Business and Public Administration, 2016, vol. 7, issue 3, 85-92

Abstract: Dating back to ancient times there seems to have been a need to bend or even remove the rules of private law concerning the category of goods which are intended for usage by the entire population. These goods are considered of utmost importance for society, they have gradually undergone certain restrictions in order to not be diverted from the purpose they serve, that is forming the public domain. The interest in this matter among specialists which are outlined in the administrative guidelines, is the fact that the public institution itself does not show merely a theoretical character, but a practical one. Its associations exceed the concern of what is considered legal and enters into the socio-economic and political realms. Given that the goods included in the public domain are separate from the rest of the goods in a society, in that their legal status requires certain features, which is supported in the administrative guidelines, but consequently preserved in the normative acts adopted over time. Due to this fact, it is absolutely imperative that the new administrative guidelines set in place for the public domain to be concise, leaving little to no room for interpretation and most importantly the have to be in line with the constitutional rights for individuals. By achieving this aspect, public and private laws can no longer be misinterpreted or taken out of context in order to benefit the state or the property owner. Since the introduction of the public domain, laws have been conceptualized on the foundation of the Romano-Germanic civil law system, later revised and adapted by the Napoleonic regime and finally re-interpreted and implemented by each country separately based on their socio-economic infrastructure. Overtime these laws seem to have lost their essence, laws that were initially meant to protect individual rights and benefit the public, have been taken out of context and made into laws that mainly benefit the state. This paper aims to examine the impact of these administrative laws on society as a whole and propose some ideas to rectify and improve the current situation of the public domain.

Keywords: context; public domain; administrative laws; constitutional rights (search for similar items in EconPapers)
JEL-codes: K23 K39 (search for similar items in EconPapers)
Date: 2016
References: Add references at CitEc
Citations:

Downloads: (external link)
http://holisticajournal.ro/details?pid=138 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:urn:urnste:v:7:y:2016:i:3:p:85-92

Access Statistics for this article

HOLISTICA Journal of Business and Public Administration is currently edited by Adriana Grigorescu

More articles in HOLISTICA Journal of Business and Public Administration from Association Holistic Research Academic (HoRA) Contact information at EDIRC.
Bibliographic data for series maintained by Claudiu Baicu ().