Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatik [Hardcover]

Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatikmemorializes a first-of-its-kind dialogue between leading lights in German and American private law theory.Methodology in Private Law Theory: Between New Private Law and Rechtsdogmatikrepresents a first-of-its-kind dialogue between leading lights in German and American private law theory. The chapters in this volume build upon established traditions of scholarship in German private law and harness resurgent scholarly interest in private law in the United States, inviting readers to question how private law functions on both sides of the Atlantic.In the context of the cross-fertilization of legal scholarship, the transnationalization of law, and the historical ties between US and German debates on methodology, the volume encourages reasoned engagement with private law doctrines and institutions. It further invites reflexive consideration of diverse ways in which methods of legal analysis influence social practices where 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.Providing the necessary background for understanding different legal cultures and traditions in private law,Methodology in Private Law Theoryis a must-read for anyone working within the field.Introduction,Thilo Kuntz and Paul B. MillerI - Methodology in Private Law Theory: General Perspectives1. A Genealogy of Private Law Epistemologies,Marietta Auer2. Exploring the Paradigms of Private Law,Johanna Croon-Gestefeld3. When Private Law Theory is Close Enough,Andrew S. Gold4. Understanding Private Law,Felipe Jim?nez5. Against l£ƒ