Ius publicum i ius privatum w poglądach tzw. romanistyki marksistowskiej (przykład Czechosłowacji)
Ius publicum and ius privatum in the views of “marxist” romanists

Summary/Abstract: The concept of public and private law is still itself somewhat problematic, the matter was also subject to critical discussion in the legal literature in socialist states. It is common believed, that origin and idea of this division derives from Roman law. Socialist-oriented ideology generally left Roman law out of its legal system which rejected development of private property for the benefit of far-reaching state interference in private-law relationships and any influence on the part of the legal system of a state that allowed slavery, inconsistent with the ideas of socialism. It was based on historical and dialectical materialism and was connected with the inevitable fight of classes in society. In socialist states two tendencies in Roman law studies should be distinguished – “traditional” Roman law studies, referred to as “bourgeois”, and new “Marxist Roman law studies”. Some explorers of this tendency believed that it was only “Marxist Roman law studies that required further development, while “bourgeois Roman law studies”, opposed to the former, could only provide a basis of information collected by its researchers. The negation on the division of law into public and private in Marxist ideology was not as obvious as it is commonly accepted. The paper presents, in synthetic way, views of this topic, given by some “Marxist” romanists.

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