Polycontexturality

Concept proposed by Gunther Teubner, to replace the public/private distinction.

This refers to the evolution of private/public law.

URL = http://www.re-public.gr/en/?p=99

Description

"the public/private distinction is an oversimplified account of contemporary society. More controversially, my argument continues that any idea of a fusion of the public and private spheres is equally inadequate. As an alternative conceptualisation, I propose that the public/private divide should be replaced by polycontexturality. The claim is this: Contemporary social practices can no longer be analysed by a single binary distinction; the fragmentation of society into a multitude of social sectors requires a multitude of perspectives of self-description. Consequently, the simple distinction of state/society which translates into law as public law vs. private law needs to be substituted by a multiplicity of social perspectives which are simultaneously reflected in the law. A dialectical Aufhebung of the distinction can serve to maintain and even to strengthen law’s responsiveness to the public/private divide if this divide is understood as the difference between political and economic rationality. But at the same time the dualism needs to be broken up and replaced by the multiplicity of social perspectives which then needs to be translated into law." (http://www.re-public.gr/en/?p=99)