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New Private Law Theory: A Pluralist Approach [Kõva köide]

(European University Institute, Florence), (European University Institute, Florence), (Universität Mannheim, Germany)
  • Formaat: Hardback, 552 pages, kõrgus x laius x paksus: 251x176x35 mm, kaal: 125 g, Worked examples or Exercises
  • Ilmumisaeg: 18-Mar-2021
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108486509
  • ISBN-13: 9781108486507
  • Formaat: Hardback, 552 pages, kõrgus x laius x paksus: 251x176x35 mm, kaal: 125 g, Worked examples or Exercises
  • Ilmumisaeg: 18-Mar-2021
  • Kirjastus: Cambridge University Press
  • ISBN-10: 1108486509
  • ISBN-13: 9781108486507
"New Private Law Theory - The Core Ideas A. New Private Law Theory as Applied Social Theory 1. Four Theses for a New Private Law Theory What is new about New Private Law Theory? We try to answer this question with five theses: Thesis 1: New Private Law Theory is pluralistic. The theory of private law must take into account the findings of different disciplines in order to develop an adequate description of society. It is therefore beyond question today that the findings of law & economics hold important insights for legislation and the application of law. The survey of a single neighboring discipline, however, necessarily leads to a reduction in complexity. This reduction in complexity is helpful for developing theoretical models, but insufficient for adequately coping with legal problems. Law & economics today not only forms the "mainstream" of private law thinking in the USA, but it increasingly gains ground also in Europe"--

Arvustused

'Private law tends to suffer, notoriously, both from an identity problem (what exactly is private about private law?) and a form of tunnel-vision (its stakes are merely technical) that disqualifies it as irrelevant in the 'age of the post'. This may be why the most vital contemporary issues, from climate change to financial markets, are entrusted to public-style regulation. This book is a timely proposal to inject interdisciplinarity, pluralism and critical thinking into a 'new private law'. After so much of the world's human and natural resources have been extracted with the often invisible complicity of the 'old' private law, such a move may prove crucial now for the constitution of law's moral economy.' Horatia Muir Watt, Professor at Ecole de droit, Sciences-po 'The treatise of Grundmann, Micklitz and Renner contains the first comprehensive discussion of American and European essays which have influenced and continue to influence legal thinking. It juxtaposes, at times radically different, theories which prompts one to reflect on what ultimately counts in private law theory. Whatever one's theoretical position is, one will find inspiration in this book.' Lorenz Kähler, Lehrstuhl für Bürgerliches Recht, Zivilprozessrecht und Rechtsphilosophie, Universität Bremen 'Private law can no longer be the 'law of the market' as it was in its formalist heyday. It must evolve in response to the multiple risks, verging on the existential, which our current model of social and economic organisation is generating. New Private Law Theory is a response to this challenge. As set out in this major work, it is pluralist, comparative and interdisciplinary, while retaining a close focus on the interpretive core of legal method. This is the applied private law theory we need for our times.' Simon Deakin, Professor of Law, University of Cambridge 'New Private Law Theory is an astonishingly wide-ranging and perceptive book, which applies a vast array of methods - from Guido Calabresi's economics through Niklas Luhman's social theory to Michel Foucault's philosophy - to an equally broad set of concrete legal cases - from products liability through loan contracts to sports arbitration. Throughout, the book simply brims with insights and ideas. It will open the eyes of law students and reinvigorate the thinking of established scholars.' Daniel Markovits, Guido Calabresi Professor of Law, Yale Law School

Muu info

New Private Law Theory is pluralist, comparative, application-oriented, transnational and reflects critical approaches.
Preface ix
New Private Law Theory: The Core Ideas 1(32)
PART I METHODS AND DISCIPLINES
33(96)
1 The Inside and the Outside of Law?
35(24)
Stefan Grundmann
2 Private Law and Sociology
59(12)
Moritz Renner
3 Economics and Private Law Institutions
71(24)
Stefan Grundmann
4 Private Law and Theories of Communication
95(15)
Moritz Renner
5 Comparative Law and Legal History
110(19)
Hans-W. Micklitz
PART II SOCIAL ORDERING, CONSTITUTIONALISM AND PRIVATE LAW
129(76)
6 Societal Order and Private Law
131(25)
Stefan Grundmann
7 Values in Private Law
156(10)
Moritz Renner
8 Constitutionalization, Regulation and Private Law
166(14)
Hans-W. Micklitz
9 Democracy and Private Law
180(13)
Hans-W. Micklitz
10 Formalism, Substantive and Procedural Justice
193(12)
Moritz Renner
PART III TRANSACTIONS AND RISK: PRIVATE LAW AND THE MARKET
205(134)
11 Negotiation, the Function of Contract and the `Justice of Consensus'
207(23)
Stefan Grundmann
12 Knowledge and Information
230(18)
Stefan Grundmann
13 Private Power
248(13)
Moritz Renner
14 Non-discrimination
261(11)
Moritz Renner
15 Risk, Tort and Liability
272(26)
Hans-W. Micklitz
16 Digital Architecture of Private Law Relations
298(17)
Hans-W. Micklitz
17 Between Market and Hierarchy
315(24)
Stefan Grundmann
PART IV PERSONS AND ORGANIZATIONS
339(96)
18 Person, Civil Status and Private Law
341(19)
Hans-W. Micklitz
19 Theory of the Corporation
360(9)
Moritz Renner
20 Actors in Organizations
369(22)
Stefan Grundmann
21 The Principal's Decision: Exit, Voice and Loyalty
391(23)
Stefan Grundmann
22 Organizations and Public Goods
414(21)
Hans-W. Micklitz
PART V PRIVATE LAW (RULE-SETTING) BEYOND THE STATE
435(82)
23 Law as a Product
437(17)
Hans-W. Micklitz
24 Multilevel Governance and Economic Constitution
454(18)
Hans-W. Micklitz
25 Transnational Law
472(12)
Moritz Renner
26 Private Ordering
484(11)
Moritz Renner
27 The Shadow of the Law and Social Embeddedness
495(22)
Stefan Grundmann
Index 517
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. Hans-W. Micklitz is Professor for Economic Law, Robert Schuman Centre for Advanced Studies, European University Institute, Florence and Finland Distinguished Professor at the University of Helsinki. His research interest focus on Private Law, European and International Economic Law, Private Law Theory. Moritz Renner is Professor of Civil Law, International and European Commercial Law at the University of Mannheim. His research focuses on transnational financial law and the economic sociology of law. Before joining the Law Department in Mannheim, Moritz Renner held a Lichtenberg Professorship at the University of Bremen.