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.
- Develops a pluralist approach to private law which could inspire the interpretation of the law in concrete cases
- Combines private law theory with law and economics, the sociology of law and other strands of social theory
- Contrasts different strands of legal thought: English, French, German, Italian, European Union and American
- Accessible to experienced and to young scholars working on private law
Read more
Reviews & endorsements
'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
See more reviews
Customer reviews

17th Oct 2024 by UName-1129000
It is a very good and an important book for this direction

Log in to review

Review was not posted due to profanity
×

, create a review

(If you're not , sign out)

Please enter the right captcha value

Please enter a star rating.

Your review must be a minimum of 12 words.

How do you rate this item?

Reviews must contain at least 12 words about the product.

×

Product details
- Date Published: November 2022
- format: Paperback
- isbn: 9781108707763
- length: 551 pages
- dimensions: 244 x 170 x 28 mm
- weight: 0.87kg
- availability: Available
Table of Contents
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. Constitutionalisation, 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. Multi-level governance and economic constitution
25. Transnational law
26. Private ordering
27. The shadow of the law and social embeddedness.
Look Inside
Authors
Stefan Grundmann, European University Institute, Florence
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, European University Institute, Florence
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, Universität Mannheim, Germany
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.