Private law development in context : German law and scholarship in the 20th century / edited by Stefan Grundmann and Karl Riesenhuber.
2018
KJC955 .P754 2018 (Mapit)
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Title
Private law development in context : German law and scholarship in the 20th century / edited by Stefan Grundmann and Karl Riesenhuber.
Added Author
Imprint
Cambridge, U.K. : Intersentia, 2018.
Description
xvii, 886 pages : portraits ; 25 cm
Formatted Contents Note
Part 1. The overall framework of private law academia and private law development
part 2. Ernst Rabel and Franz Böhm
part 3. Methods - legal history, comparative law and legal theory
part 4. Business law, economic theory and transnational law
part 5. Private law doctrinal thinking and system building
part 6. Conclusions and outlook.
part 2. Ernst Rabel and Franz Böhm
part 3. Methods - legal history, comparative law and legal theory
part 4. Business law, economic theory and transnational law
part 5. Private law doctrinal thinking and system building
part 6. Conclusions and outlook.
Summary
While common law is developed by the courts and judges may well be the prime authorities for the development of law, and while French private law is said to be the origin of the idea of modern codification and grand legislatures, German private law can well be seen as the law where the influence of academia is paramount. 0It is perhaps fair to say that no other code is as strongly influenced by scholars as the German Civil Code of 1900. Furthermore, in both the past and the present, courts and scholars in Germany are in constant dialogue about the application and interpretation of German and also EU law. Arguably, this is also one of the reasons why German academia plays such a prominent - some may say excessively dominant - role in the European private law discourse and development. As a result it seems necessary, indeed vital, to shed more light on professors who were highly influential in the development of German private law in the 20th century. They fostered such concepts and ideas as the birth of modern market and institutional regulation, genuine internationalisation, in particular through comparative law, and Europeanisation of private law, ?social? areas of the law, particularly labour and consumer law and fundamental rights? protection between private parties, and equally the law of competition and enterprise.
Call Number
KJC955 .P754 2018
Language
English
ISBN
9781780683928
1780683928
1780683928
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