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Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik

Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik

Author: Thilo Kuntz; Paul B. Miller
Publisher: Oxford University Press
ISBN: 9780198885306
Published In: January 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

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