Podział na prawo publiczne i prywatne. Uwagi na kanwie monografii Igora Zachariasza

This article is a review of the monograph by Igor Zachariasz entitled Prawo w ujęciu strukturalnym. Studium o dychotomicznym podziale prawa na prawo publiczne i prawo prywatne (Law in structural terms. A study on the dichotomous division of the law into public and private law). An analysis of the statements contained in this monograph gives ground to some considerations about the nature and meaning of cultivating the division between public and private law. The main thesis of the monograph that the division of law as a whole into public and private law is a cognitive matter is questionable, and the border separating the two areas of the law could be established in a clear and certain manner. Too little space appears to have been devoted to explain which area, private or public, should take the central role in the law or, in other words, what is the essence and rationale for the division of the legal system into public and private law. In particular, it is objectionable to assume a priori that this division is a dichotomy.