New Private Law Theory: A Pluralist Approach

Administrative / Constitutional Law

New Private Law Theory: A Pluralist Approach

Edited by Stefan Grundmann · Hans Micklitz · Moritz Renner
Cambridge University Press March 2021

Specifications

ISBN-13
9781108486507
Publisher
Cambridge University Press
Publication
March 2021
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Paperback

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

Table of Contents

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
10. Formalism, substantive and procedural justice
Part III. Transactions and Risk – Private Law and the Market:
11. Negotiation, the function of contract and the 'justice of consensus'
12. Knowledge and information
13: private power
14. Non-discrimination
15. Risk, tort and liability
16. Digital architecture of private law relations
17. Between market and hierarchy
Part IV. Persons and Organizations:
18. Person, civil status and private law
19. Theory of the corporation
20. Actors in organizations
21. The principal's decision: exit, voice, and loyalty
22. Organizations and public goods
Part V. Private Law (rule setting) Beyond the State:
23. Law as a product
24. Multi-level governance and economic constitution
25. Transnational law
26. Private ordering
27. The shadow of the law and social embeddedness
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