Year: 2022
Type: article
Abstract: The field of private law theory is currently experiencing an unexpected revival both in Europe and in the United States. 1 The quasi-monopoly of the economic analysis of law, 2 especially in the field of business law, is (again) challenged by diverse approaches inspired by analytical philosophy 3 , social theory 4 , or political economy 5 .Yet these different strands of thought appear strangely disconnected in at least three respects.First, they seldom speak to each other.Instead, there is a proliferation of highly specialized publications, conferences and debates within sub-disciplines such as law & economics or law & society.6 Second, debates in private law theory seem increasingly detached from discussions of case law and black-letter rules, instead focusing on policy perspectives.7 Third, they often lack historical context and fail to engage with the rich tradition of nineteenth and twenthieth century legal thought.
Source: German Law Journal
DOI: 10.1017/glj.2022.59
Institutions: European University Institute, University of Mannheim
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: gold
Estimated APC paid: $1,285
OpenAlex ID: W4287094892