Between authority, dichotomy, and freedom: the private-law evolution of public law

This article examines the dynamics of public law, addressing the evolution of the concepts of authority and freedom within the context of modernity. By exploring the historical roots of administrative law as a positive legal discipline, it highlights the influence of rationalism and modern subjectivity on the formation of the dichotomies between the public and private spheres. It argues that public law was structured according to a dichotomous logic that privileges individualism and autonomy, shaped by scientific rationality and the centrality of the individual subject. In analysing the origins of the Modern State and the construction of legal institutions, the text proposes reflection on the need to rethink public law from a perspective that moves beyond traditional dichotomies and incorporates a view that values the interdependencies and complexities of contemporary social relations.

Authors

Institutions

Publication Details

Journal
Seqüência estudos jurídicos e políticos
Published
2026-11-09
DOI
https://doi.org/10.5007/2177-7055.2026.e115145
Primary Topic
Administrative Law and Governance
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
NOV
article

Between authority, dichotomy, and freedom: the private-law evolution of public law

Ana Cristina Aguilar Viana
Seqüência estudos jurídicos e políticos
Administrative Law and Governance
article

Between authority, dichotomy, and freedom: the private-law evolution of public law

Ana Cristina Aguilar Viana
article en

Abstract

This article examines the dynamics of public law, addressing the evolution of the concepts of authority and freedom within the context of modernity. By exploring the historical roots of administrative law as a positive legal discipline, it highlights the influence of rationalism and modern subjectivity on the formation of the dichotomies between the public and private spheres. It argues that public law was structured according to a dichotomous logic that privileges individualism and autonomy, shaped by scientific rationality and the centrality of the individual subject. In analysing the origins of the Modern State and the construction of legal institutions, the text proposes reflection on the need to rethink public law from a perspective that moves beyond traditional dichotomies and incorporates a view that values the interdependencies and complexities of contemporary social relations.

Seqüência estudos jurídicos e políticosVol. 47(102)
Université Paris 1 Panthéon-Sorbonne (FR)
Administrative Law and Governance
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.

Laika access coming soon