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Private Law Development in Context: German Law and Scholarship in the 20th Century

Private Law Development in Context: German Law and Scholarship in the 20th Century

Author: Stefan Grundmann; Karl Riesenhuber
Publisher: Intersentia Publishers
ISBN: 9781780683928
Published In: January 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,915.20

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While common law is developed by the courts and judges may well be the prime authorities for the development of law, and while French private law is said to be the origin of the idea of modern codification and grand legislatures, German private law can well be seen as the law where the influence of academia is paramount.

It is perhaps fair to say that no other code is as strongly influenced by scholars as the German Civil Code of 1900. Furthermore, in both the past and the present, courts and scholars in Germany are in constant dialogue about the application and interpretation of German and also EU law. Arguably, this is also one of the reasons why German academia plays such a prominent – some may say excessively dominant – role in the European private law discourse and development.

As a result it seems necessary, indeed vital, to shed more light on professors who were highly influential in the development of German private law in the 20th century. They fostered such concepts and ideas as the birth of modern market and institutional regulation, genuine internationalisation, in particular through comparative law, and Europeanisation of private law, ‘social’ areas of the law, particularly labour and consumer law and fundamental rights’ protection between private parties, and equally the law of competition and enterprise. This book compiles and puts into perspective portraits of 36 professors of private law from Germany, Austria and Switzerland who completed the core of their academic oeuvre in the 20th century. The individual portraits of the life and work of each professor are written by one of their former ‘Schüler’ and taken together show the thread of the intellectual history of legal thinking in 20th century German private law.

Part 1. The Overall Framework of Private Law Academia and Private Law Development

Private Law Scholarship and the Development of Private Law in Germany and Beyond

Scholarship, Methodology and the Intimate Link to Practice as Driving Factors of 'German' Private Law Development

Private Law Scholars and Private Law Scholarship: Some Remarks on Their Relationship

Vorsprung Durch Technik: Private Law Scholarship in 20th Century Germany from a Comparative Perspective

Core Lines of the Discussion - With Particular Emphasis on Scholarship in Times of National Socialism

Part 2. Ernst Rabel and Franz Böhm

Ernst Rabel (1874-1955)

Franz Böhm (1895-1977)

Part 3. Methods - Legal History, Comparative Law and Legal Theory

Franz Wieacker (1908-1994)

Helmut Coing (1912-2000)