PRÁVNĚHISTORICKÉ STUDIE
PRÁVNĚHISTORICKÉ STUDIE

Právněhistorické studie / Legal History Studies (Charles University journal; below referred to as PHS or Journal) is a scientific journal listed in the international prestigious database SCOPUS. The journal is published by Charles University in Prague under the guarantee of the Department of Legal History of the Faculty of Law of Charles University. It is published by the Karolinum Press. The journal focuses on the field of legal history and related topics.

Issue 1 of the Journal was published by the Czechoslovak Academy of Sciences Publishing in June 1955. The Journal was initially published by the Cabinet of Legal History of the Czechoslovak Academy of Science (CSAV), later by the Institute of State and Law (CSAV) and then by the Institute of Legal History of the Faculty of Law of Charles University.

PHS is issued three times a year in April, August, and December and it presents original scientific works/papers as well as reviews, annotations and news from the scientific field of legal history. It also introduces annotated texts of a legal history nature. PHS accepts manuscripts from domestic as well as foreign authors. Manuscripts submitted by foreign authors are published in original language, namely in English, Slovak, German, French, Italian or Polish.

PHS (ISSN 0079-4929) is registered in the Czech national ISSN centre (supervised by the State Technical Library). The Journal is registered by the Ministry of Culture of the Czech Republic according to Act No. 46/2000 Sb., on Rights and Liabilities for the Publishing of Periodicals and Change of Some Acts (Press Act), and it is allocated with registration number of periodical press MK E 18813.

PHS is an open journal and ensures open access to scientific data (Open Access). The entire content is released as open to the public on the web pages of the journal.

The journal is archived in Portico.

PRÁVNĚHISTORICKÉ STUDIE, Vol 47 No 1 (2017), 114–123

„Súkromné právo“ a „bezštátne právo“: Historické paralely k postmodernej situácii

[“Private Law” and “Stateless Law”: Historical Parallels to Postmodern Situation]

Tomáš Gábriš

published online: 12. 09. 2017

abstract

The author of the article is in search of alternative roots of the dichotomy between private and public law in the continental legal system. He proposes that in addition to the well-known thesis of Roman legal model of public-private dualism (being in line with the liberal mentality of the 19th century) one can also offer another, previously disregarded thesis on a second source of the dichotomy – claiming that modern private law is partially continuous with the pre-modern autonomous rule-making by feudal corporations, in contrast to the public state-owned monopoly of lawmaking, prevailing in the 19th and 20th centuries. The modern concept of private law with its basic private-law principles (especially the idea of autonomy of will) could thus be perceived under this explanatory hypothesis as an unacknowledged continuation or absorption of non-state (stateless) autonomous rule-making into the modern legal system created by state. This absorption can be witnessed in the works of German legal scholars of the 19th century, turning the normative autonomy of pre-modern communities into a truncated form of autonomy of will in the modern private law context, with modern autonomy of will being considered only a source of subjective rights (legal action) rather than a source of objective law. In: the current situation of the 21st century, however, the idea of stateless (non-state) law revives again – for example, in the form of private normative systems such as so-called sports law, meaning in fact a renovation of the discourse of stateless law, based on an idea of legislative autonomy and legal pluralism. The result is – on one hand – blurring of differences between private and public law in the national legal systems of continental Europe, and – on the other – fragmentation of private law into the state-made and stateless (non-state) components of private law.

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„Súkromné právo“ a „bezštátne právo“: Historické paralely k postmodernej situácii is licensed under a Creative Commons Attribution 4.0 International License.

240 x 170 mm
periodicity: 3 x per year
print price: 250 czk
ISSN: 0079-4929
E-ISSN: 2464-689X

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