Challenging The Public Private Divide

Feminist scholars in disciplines ranging from law to geography challenge our traditional notion of a public/private divide in legal and public policy in Canada and internationally

Markets are taken as the norm in economics and in much of political and media discourse. But if markets are superior why does the public sector remain so large? Avner Offer provides a distinctive new account of the effective temporal limits on private, public, and social activity. Understanding the Private–Public Divide accounts for the division of labour between business and the public sector, how it changes over time, where the boundaries ought to run, and the harm that follows if they are violated. He explains how finance forces markets to focus on short-term objectives and why business requires special privileges in return for long-term commitment. He shows how a private sector policy bias leads to inequality, insecurity, and corruption. Integrity used to be the norm and it can be achieved again. Only governments can manage uncertainty in the long-term interests of society, as shown by the challenge of climate change.

A comparative study covering all continents, this book explores the role of health rights in advancing greater equality through access to health care.

This course addresses dispute resolution in international cases from the classical perspective of the private-public divide. The main focus relates to overlapping remedies available under private international and public international law. Nowadays, a multitude of courts and arbitral tribunals at different levels (domestic, international and transnational) is accessible to litigants in cross-border settings.

The separation between public and private spheres has structured much of our thinking about human organizations. This collection of essays explores how the public-private divide influences, challenges, and interacts with law and law reform.

Social media enables instant access to individual self-expression and the sharing of information. Social media issues are boundless, permeating distinct legal disciplines. The law has struggled to adapt and for good reason: how does the law regulate this medium over the public/private law divide? This book engages with the legal implications of social media from public and private law perspectives and outlines how the law, in various legal sub-disciplines and with varying success, has endeavoured to adapt existing tools to social media.

This pathbreaking book examines the experiences of women in the legal profession in Australia. Based on interviews with more than 100 women lawyers, it sets out to explain why simply "letting in" more women to public life does not necessarily change the masculine culture of the profession. This book includes contributions from Australia's leading feminist legal scholars and addresses the notion that there is a separation between public and private life. Although it is a myth that the line of demarcation between public and private was ever fixed, the relationship between the two spheres has become increasingly ambiguous. The trends towards state intervention in private life, on the one hand, and privatisation of heretofore public processes, such as wage-fixing and dispute resolution, on the other hand, have accentuated the emergence of fault lines. The authors consider the pros and cons of the changing visibility/invisibility dualisms that correspond with public and private in regard to a range of issues that significantly impact on women's lives, including sexuality, the family, work, violence, and participation in public life.

While colonial imposition of the Canadian legal order has undermined Indigenous law, creating gaps and sometimes distortions, Indigenous peoples have taken up the challenge of rebuilding their laws, governance, and economies. Indigenous conceptions of land and property are central to this project. Creating Indigenous Property identifies how contemporary Indigenous conceptions of property are rooted in and informed by their societally specific norms, meanings, and ethics. Through detailed analysis, the authors illustrate that unexamined and unresolved contradictions between the historic and the present have created powerful competing versions of Indigenous law, legal authorities, and practices that reverberate through Indigenous communities. They have identified the contradictions and conflicts within Indigenous communities about relationships to land and non-human life forms, about responsibilities to one another, about environmental decisions, and about wealth distribution. Creating Indigenous Property contributes to identifying the way that Indigenous discourses, processes, and institutions can empower the use of Indigenous law. The book explores different questions generated by these dynamics, including: Where is the public/private divide in Indigenous and Canadian law, and why should it matter? How do land and property shape local economies? Whose voices are heard in debates over property and why are certain voices missing? How does gender matter to the conceptualization of property and the Indigenous legal imagination? What is the role and promise of Indigenous law in negotiating new relationships between Indigenous peoples and Canada? In grappling with these questions, readers will join the authors in exploring the conditions under which Canadian and Indigenous legal orders can productively co-exist.