Methodology in Private Law Theory
Between New Private Law and Rechtsdogmatik
Series: Oxford Private Law Theory;
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Product details:
- Publisher OUP Oxford
- Date of Publication 1 February 2024
- ISBN 9780198885306
- Binding Hardback
- No. of pages432 pages
- Size 240x160x28 mm
- Weight 800 g
- Language English 623
Categories
Short description:
Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory.
MoreLong description:
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.
Table of Contents:
Introduction
I - Methodology in Private Law Theory: General Perspectives
A Genealogy of Private Law Epistemologies
Exploring the Paradigms of Private Law
When Private Law Theory is Close Enough
Understanding Private Law
Against Essentialism in Private Law: Private Law as an Artifact Kind
II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory
In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology
The Nature and Value of Conceptual Legal Scholarship
The Point of View of Doctrinal Legal Science
Formalism, Legality, and the Rule of Law
Private Law Formalism and Jurisprudential Method
How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers
III - Empirical, Philosophical, and Normative Approaches to Private Law Theory
The Place of Philosophy in Private Law Scholarship
The Minimal Morality of Private Law
Rights Without Standing: On the Nature of Equitable Rights
The Critical Potential of Doctrinal Analysis
Private Law Theory from an Empirical Perspective
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