THE PRIVATE/PUBLIC LAW DIVIDE IN DIGITAL LAW

Abstract

As the digitization process of last decades affects the way of life, the need for digital law regulations is felt more. Thus, courts and scholars feel the need to categorize the digital law either under public law domain or under private law domain, so that the principles that govern the sub-discipline of digital law becomes clear. This study discusses the criteria that were employed since Romans for distinguishing public law from private law and analyses digital law, with its subcategories as to whether it falls under public law or private law. The study finds that public-private law divide is not perfectly severe, to classify every relation or dispute of law under one of the two domains and that digital law is not a field of law that can be categorized technically under either of these domains, but it can be related to the public sphere rather than the private sphere.