Methodology in Private Law Theory

This groundbreaking book is a must-read for anyone interested in private law theory. Building upon established traditions of scholarship in German private law, and harnessing resurgent scholarly interest in private law in the United States, this volume memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory. Probing the methodo...

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This groundbreaking book is a must-read for anyone interested in private law theory. Building upon established traditions of scholarship in German private law, and harnessing resurgent scholarly interest in private law in the United States, this volume memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory. Probing the methodological precepts that underlie scholarly movements on both sides of the Atlantic, the chapters in Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik invite readers to question how private law fosters, invites, channels, and shapes reasoned engagement with private law doctrines and institutions while at the same time encouraging reflexive consideration of diverse ways in which methods of legal analysis influence social practices in which 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.

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