powers of the State

Utilitas publica z perspektywy prawa rzymskiego i polskiego

Author: Bronisław Sitek
Institution: SWPS w Warszawie
Year of publication: 2014
Source: Show
Pages: 21-35
DOI Address: https://doi.org/10.15804/tpn2014.1.02
PDF: tpn/6/TPN2014102.pdf

The concept of „public utility”, used in contemporary language of the law and juridical language, was also used in Roman law as utilitas publica. This concept allows to separate the public sphere from the private sector. However, the boundary between sphere of public sphere and private sector have not always been blurred since ancient times. In ancient Rome, the boundary between what was public and what was private was changing and depended on a type of political system, an understanding of the public good or the boundaries of individual’s autonomy. In contemporary times there is also a debate over how far should the powers of the State reach. There is even a discussion about the redefinition of the State, and even about the need for withdrawing the State from the areas of activities traditionally belonging to its empire. It is assumed that the public utility is a service as well as leading production used to meet the needs of all people in a continuous manner. It is not required, that this availability is truly enjoyed by all.

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