Book contents
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- 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
- Part III Transactions and Risk: Private Law and the Market
- Part IV Persons and Organizations
- Part V Private Law (Rule-Setting) beyond the State
- Index
- References
2 - Private Law and Sociology
from Part I - Methods and Disciplines
Published online by Cambridge University Press: 09 April 2021
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- 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
- Part III Transactions and Risk: Private Law and the Market
- Part IV Persons and Organizations
- Part V Private Law (Rule-Setting) beyond the State
- Index
- References
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 TheoryA Pluralist Approach, pp. 59 - 70Publisher: Cambridge University PressPrint publication year: 2021