No branch of law remains purely private in modern legal systems
Evidence
And, as many scholars have pointed out, the distinction seems less and less relevant as time goes on. There are few, if any, fields today that are purely “private.” Government is a silent—​or noisy—​partner in every branch of law, to a greater or lesser degree. Land law is essentially private, but zoning is public. Tort law is private, but doz ens of statutes on safety regulation and the like affect the course of private lawsuits. And so it goes. — Lawrence M. Friedman and Grant M. Hayden, American Law, 777
Categorization
- XREF: Directly serves the reader’s course thread on law-institutions: government presence in all fields echoes themes from Hart’s rules and the enforcement-discretion claims of earlier chapters. — connects to: The public-private law split originated in classical Roman law — Lawrence M. Friedman and Grant M. Hayden, American Law: An Introduction, 776; Official agencies can regulate private law-making without supplanting it — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4260; Individuals routinely have law made for them without personal consent in our legal system. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 4407 (+1 more)
- ADDENDUM: Government as silent partner in private law resonates with the systemic view of who actually controls spaces and relationships, relevant across the reader’s readings.