New Private Law Theory: A Pluralist Approach

Author: Stefan Grundmann; Hans Micklitz; Moritz Renner
Publisher: Cambridge University Press
ISBN: 9781108486507

Published In: March 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781108707763

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Description
Contents

Details

New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law.

Develops a pluralist approach to private law which could inspire the interpretation of the law in concrete cases
Combines private law theory with law and economics, the sociology of law and other strands of social theory
Contrasts different strands of legal thought: English, French, German, Italian, European Union and American
Accessible to experienced and to young scholars working on private law

New private law theory – the core ideas

Part I . Methods and Disciplines:

1. The inside and the outside of law?

2. Private law and sociology

3. Economics and private law institutions

4. Private law and theories of communication

5. Comparative law and legal history

Part II. Social Ordering, Constitutionalism and Private Law:

6. Societal order and private law

7. Values in private law

8. Constitutionalisation, regulation and private law

9. Democracy and private law