State policies in private law? A comment on Hanoch Dagan

The comment focuses on the question how the public/private divide influences the legitimacy of private law's references to state policies and public values. The thesis is to separate the public/private divide from the distinction between state and society as well as from the distinction between public law and private law. The traditional private/public duality is dissolved into a plurality of social segments. The "public" then reappears within each social system-now in a different sense-as that system's expression of its intrinsic normativity, which private law legitimately takes into account.