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New Private Law Theory: A Pluralist Approach

New Private Law Theory: A Pluralist Approach

Name: New Private Law Theory: A Pluralist Approach
Brand: Cambridge University Press
SKU: 9781108486507
Price: 1853.67 HKD
Availability: InStock
Author: Stefan Grundmann; Hans Micklitz; Moritz Renner
ISBN: 9781108486507

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

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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

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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Table of Contents

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