This book opens a new pathway to private law theory. It pushes private law theory out of its comfort zone and confronts it with law and economics, social and political sciences, comparative law and comparative history, transnational law and critical legal theory.
This book opens a new pathway to private law theory. It pushes private law theory out of its comfort zone and confronts it with law and economics, social and political sciences, comparative law and comparative history, transnational law and critical legal theory.
Stefan Grundmann is Professor at Humboldt-University, Berlin, for Private and Business Law, and at the European University Institute, Florence. He co-founded SECOLA (the Society of European Contract Law) and is president of the European Law School (Berlin/London/Paris/Rome/Amsterdam). His research focus is on contract, banking and company law, on regulation, governance and theory.
Inhaltsangabe
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.
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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