Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik

This book explores the methodology in private law theory, drawing from German and American perspectives and encouraging engagement with doctrines and institutions. It discusses key methodologies such as legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other varieties of doctrinal scholarship.

Format: Hardback
Length: 432 pages
Publication date: 01 February 2024
Publisher: Oxford University Press

This groundbreaking volume brings together leading scholars from Germany and the United States to explore the evolving landscape of private law theory. Through a series of insightful chapters, the book delves into the rich traditions of scholarship in German private law while also harnessing the growing interest in private law in the United States. By challenging readers to consider the functioning of private law across the Atlantic, the volume fosters a reasoned engagement with private law doctrines and institutions. It also encourages a reflexive examination of the diverse ways in which methods of legal analysis shape social practices related to the giving, receiving, assertion, and negotiation of law.

The book offers a comprehensive exploration of various methodologies employed in private law scholarship, including legal formalism, legal conceptualism, legal realism, law and economics, legal philosophy, legal history, empirical jurisprudence, Rechtsdogmatik, and other doctrinal approaches. Each methodology is subjected to fresh elucidation and insightful criticism, providing valuable insights into the strengths and limitations of these approaches.

In addition to its theoretical contributions, Methodology in Private Law Theory serves as a valuable resource for those working within the field of private law. It provides a comprehensive background for understanding different legal cultures and traditions, enabling scholars and practitioners to navigate the complex terrain of private law with greater clarity and proficiency.

Overall, this volume is a must-read for anyone interested in advancing the understanding of private law theory and its practical implications. Its innovative approach and interdisciplinary nature make it an invaluable resource for scholars, practitioners, and students alike.

Weight: 800g
Dimension: 240 x 160 x 28 (mm)
ISBN-13: 9780198885306