The traditional line between public and private law used to be drawn between constitutional, criminal and administrative law as public law, and subjects loosely associated around the laws of obligations; contract, tort and restitution. Alternatively, laws that govern the relationship between citizen and state, is public law, and laws governing the relationship between two actors, is private law. Both approaches no longer adequately describe the relationship between public and private. Increasingly, the state is resorting to private law to create and enforce social policy. Similarly, courts are being asked to give what are traditionally associated as private law remedies to public law... -- Course Website
