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Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory.
List of contents
- Introduction
- I - Methodology in Private Law Theory: General Perspectives
- 1: Marietta Auer: A Genealogy of Private Law Epistemologies
- 2: Johanna Croon-Gestefeld: Exploring the Paradigms of Private Law
- 3: Andrew S. Gold: When Private Law Theory is Close Enough
- 4: Felipe Jiménez: Understanding Private Law
- 5: Thilo Kuntz: Against Essentialism in Private Law: Private Law as an Artifact Kind
- II - New Private Law and Rechtsdogmatik: Formalism and Conceptualism in Private Law Theory
- 6: Ino Augsberg: In Defence of Ambiguity: Towards a Shandean Way for Legal Methodology
- 7: Christian Bumke and Fritz Schäfer: The Nature and Value of Conceptual Legal Scholarship
- 8: Nils Jansen: The Point of View of Doctrinal Legal Science
- 9: Paul B. Miller: Formalism, Legality, and the Rule of Law
- 10: Jeffrey A. Pojanowski: Private Law Formalism and Jurisprudential Method
- 11: W. Bradley Wendel: How Can You Have Law Without Lawyers? Legal Formalism, Legality, and the Law Governing Lawyers
- III - Empirical, Philosophical, and Normative Approaches to Private Law Theory
- 12: John C.P. Goldberg and Benjamin C. Zipursky: The Place of Philosophy in Private Law Scholarship
- 13: Lorenz Kähler: The Minimal Morality of Private Law
- 14: Larissa Katz: Rights Without Standing: On the Nature of Equitable Rights
- 15: Paul Krell: The Critical Potential of Doctrinal Analysis
- 16: Kevin Tobia: Private Law Theory from an Empirical Perspective
About the author
Thilo Kuntz is a Professor of Law at Heinrich-Heine University Düsseldorf (HHU) in Germany, where he holds the Chair in Private Law, Commercial and Corporate Law. In addition, he is Managing Director of HHU's Institute for Corporate Law. He previously held chairs at Bremen University and Bucerius Law School, Germany, and has held a visiting appointment at Notre Dame Law School. His research interests include private law theory, fiduciary law, corporate finance, and corporate governance, with an emphasis on comparative, economic, and historical analysis.
Paul B. Miller is Professor of Law and Associate Dean for International and Graduate Programmes at Notre Dame Law School, where he also serves as Director of the Notre Dame Programme on Private Law. Miller taught previously at McGill University in Montréal and has held visiting appointments at Bucerius Law School, the University of Melbourne, Université Paris II - Panthéon-Assas, Peking University, and Tel Aviv University. Miller is a private law theorist whose work focuses primarily on philosophical questions in equity, fiduciary law, trust law, and corporate law. His books include Philosophical Foundations of Fiduciary Law, The Oxford Handbook of Fiduciary Law, and Civil Wrongs and Justice in Private Law. He is a member of the Editorial Board of the American Journal of Jurisprudence and serves (with John Oberdiek) as the General Editor for Oxford Private Law Theory and the associated series, Oxford Studies in Private Law Theory, both published by Oxford University Press.
Summary
Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik memorializes a first-of-its-kind dialogue between leading lights in German and American private law theory.
