Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-dh8gc Total loading time: 0 Render date: 2024-11-18T01:18:05.487Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

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)CrossRefGoogle 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

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×