Some Thoughts on the Invention of Public-Private Thinking

Abstract This short essay historicises the invention of the public-private distinction, arguing that while conceptual elements existed in ancient Greek, Roman, and medieval legal traditions, the distinction’s full consolidation as a foundational organising principle occurred specifically within modern Western thought during the eighteenth and nineteenth centuries. The article demonstrates that modernity’s fundamentally dualistic and transcendental epistemological framework came to provide the necessary breeding ground for the public-private distinction. Drawing on sustained criticisms from feminist, decolonial, critical race, queer, Marxist, and post-structural scholarship, the article exposes how the distinction functions as a technique that allocates visibility, resources, and legitimacy while obscuring relations of domination and extraction. The article concludes by advocating for sustained critical suspicion toward all binary categories and promotes historicisation as a tool for denaturalising and de-universalisation concepts like the public-private distinction.

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Publication Details

Journal
International Organizations Law Review
Published
2026-03-11
DOI
https://doi.org/10.1163/15723747-22030009
Primary Topic
Foucault, Power, and Ethics
Type
article
Field-Weighted Citation Impact
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article

Some Thoughts on the Invention of Public-Private Thinking

Jean d’Aspremont
International Organizations Law Review
Foucault, Power, and Ethics
article

Some Thoughts on the Invention of Public-Private Thinking

Jean d’Aspremont
article en

Abstract

Abstract This short essay historicises the invention of the public-private distinction, arguing that while conceptual elements existed in ancient Greek, Roman, and medieval legal traditions, the distinction’s full consolidation as a foundational organising principle occurred specifically within modern Western thought during the eighteenth and nineteenth centuries. The article demonstrates that modernity’s fundamentally dualistic and transcendental epistemological framework came to provide the necessary breeding ground for the public-private distinction. Drawing on sustained criticisms from feminist, decolonial, critical race, queer, Marxist, and post-structural scholarship, the article exposes how the distinction functions as a technique that allocates visibility, resources, and legitimacy while obscuring relations of domination and extraction. The article concludes by advocating for sustained critical suspicion toward all binary categories and promotes historicisation as a tool for denaturalising and de-universalisation concepts like the public-private distinction.

International Organizations Law ReviewVol. 22(3)
Manchester School of Architecture (GB)
Gender equality
Openalex Percentile: Top 23%
Foucault, Power, and Ethics
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