Full 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.
Contents
Thilo Kuntz and Paul B. Miller: Introduction
I - Methodology in Private Law Theory: General Perspectives
1: Marietta Auer: A Genealogy of Private Law Epistemologies
2: Johanna Croon-Gestefeld: Exploring the Paradigms of Private Law
3: Andrew S. Gold: When Private Law Theory is Close Enough
4: Felipe Jiménez: Understanding Private Law
5: Thilo Kuntz: Against Essentialism in Private Law: Private Law as an Artifact Kind
II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory
6: Ino Augsberg: In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology
7: Christian Bumke and Fritz Schäfer: The Nature and Value of Conceptual Legal Scholarship
8: Nils Jansen: The Point of View of Doctrinal Legal Science
9: Paul B. Miller: Formalism, Legality, and the Rule of Law
10: Jeffrey A. Pojanowski: Private Law Formalism and Jurisprudential Method
11: W. Bradley Wendel: 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
12: John C.P. Goldberg and Benjamin C. Zipursky: The Place of Philosophy in Private Law Scholarship
13: Lorenz Kähler: The Minimal Morality of Private Law
14: Larissa Katz: Rights Without Standing: On the Nature of Equitable Rights
15: Paul Krell: The Critical Potential of Doctrinal Analysis
16: Kevin Tobia: Private Law Theory from an Empirical Perspective
