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Methodology in Private Law Theory

Between New Private Law and Rechtsdogmatik

Gebonden Engels 2024 9780198885306
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Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik represents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic.

In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where law is given, received, asserted, and negotiated. Leading methodologies of the past and present are subject to fresh elucidation and insightful criticism, including those of legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship.

Providing the necessary background for understanding different legal cultures and traditions in private law, Methodology in Private Law Theory is a must-read for anyone working within the field.


Aantal pagina's:432


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Over Thilo Kuntz

Thilo Kuntz is a Professor of Law at Heinrich-Heine University Düsseldorf (HHU) in Germany, where he holds the Chair in Private Law, Commercial and Corporate Law. In addition, he is Managing Director of HHU's Institute for Corporate Law. He previously held chairs at Bremen University and Bucerius Law School, Germany, and has held a visiting appointment at Notre Dame Law School. His research interests include private law theory, fiduciary law, corporate finance, and corporate governance, with an emphasis on comparative, economic, and historical analysis.

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Introduction, Thilo Kuntz and Paul B. Miller

I - Methodology in Private Law Theory: General Perspectives
1:A Genealogy of Private Law Epistemologies, Marietta Auer
2:Exploring the Paradigms of Private Law, Johanna Croon-Gestefeld
3:When Private Law Theory is Close Enough, Andrew S. Gold
4:Understanding Private Law, Felipe Jiménez
5:Against Essentialism in Private Law: Private Law as an Artifact Kind, Thilo Kuntz

II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory
6:In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology, Ino Augsberg
7:The Nature and Value of Conceptual Legal Scholarship, Christian Bumke and Fritz Schäfer
8:The Point of View of Doctrinal Legal Science, Nils Jansen
9:Formalism, Legality, and the Rule of Law, Paul B. Miller
10:Private Law Formalism and Jurisprudential Method, Jeffrey A. Pojanowski
11:How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers, W. Bradley Wendel

III - Empirical, Philosophical, and Normative Approaches to Private Law Theory
12:The Place of Philosophy in Private Law Scholarship, John C.P. Goldberg and Benjamin C. Zipursky
13:The Minimal Morality of Private Law, Lorenz Kähler
14:Rights Without Standing: On the Nature of Equitable Rights, Larissa Katz
15:The Critical Potential of Doctrinal Analysis, Paul Krell
16:Private Law Theory from an Empirical Perspective, Kevin Tobia

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