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2 - Private Law and Sociology

from Part I - Methods and Disciplines

Published online by Cambridge University Press:  09 April 2021

Stefan Grundmann
Affiliation:
European University Institute, Florence
Hans-W. Micklitz
Affiliation:
European University Institute, Florence
Moritz Renner
Affiliation:
Universität Mannheim, Germany
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Summary

This chapter addresses the role of sociological approaches in private law theory. Although the intellectual history of sociology is closely interwoven with that of modern jurisprudence, its impact on today’s debates in private law scholarship is rather limited. This holds true especially for the fields of commercial and corporate law, which are largely dominated by law and economics approaches. In this context, the chapter aims to identify those parts of the socio-legal tradition that can make a specific contribution to contemporary discussions. Box 2.1 exemplifies this contribution with a case that is deliberately taken from the field of commercial, more precisely banking, law.

Type
Chapter
Information
New Private Law Theory
A Pluralist Approach
, pp. 59 - 70
Publisher: Cambridge University Press
Print publication year: 2021

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References

Weber, Max, Economy and Society: An Outline of Interpretive Sociology (Berkeley: University of California Press, 1978 [1921/22]), pp. 753–84Google Scholar
Durkheim, Émile, The Division of Labour in Society (New York: Free Press, 1933 [1893]), pp. 206–19Google Scholar
Ehrlich, Eugen, Grundlegung der Soziologie des Rechts (Munich: Duncker & Humblot, 1913)Google Scholar
Kelsen, Hans, Pure Theory of Law (Berkeley: University of California Press, 1967)Google Scholar
Llewellyn, Karl, The Bramble Bush: On Our Law and Its Study (Dobbs Ferry: Oceana, 1930)Google Scholar
Nee, Victor / Swedberg, Richard, ‘Economic Sociology and New Institutional Economics’, in Menard, Claude / Shirley, Mary M. (eds.), The Handbook of New Institutional Economics (Dordrecht: Springer, 2005), pp. 789818CrossRefGoogle Scholar
Polanyi, Karl, The Great Transformation: The Political and Economic Origins of our Time (Boston: Beacon Press Books, 2001)Google Scholar
Pound, Roscoe, ‘Law in Books and Law in Action’, 44 American Law Review 1236 (1910)Google Scholar

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