New Private Law Theory: A Pluralist Approach

Description

New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law. Cover Half-title page Title page Copyright page Contents Preface 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 Constitutionalization, 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 Multilevel Governance and Economic Constitution 25 Transnational Law 26 Private Ordering 27 The Shadow of the Law and Social Embeddedness Index