The inside and the outside of law? (Grundmann) -- Private law and sociology (Renner) -- Economics and private law institutions (Grundmann) -- Private law and theories of communication (Renner) -- Comparative law and legal history (Micklitz) -- Societal order and private law (Grundmann) -- Values in private law (Renner) -- Constitutionalisation, regulation, and private law (Micklitz) -- Democracy and private law (Micklitz) -- Formalism, substantive, and procedural justice -- Negotiation, the function of contract and the 'justice of consensus' (Grundmann) -- Knowledge and information (Grundmann) -- Private power (Renner) -- Non-discrimination (Renner) -- Risk, tort, and liability (Micklitz) -- Digital architecture of private law relations (Micklitz) -- Between market and hierarchy (Grundmann) -- Person, civil status, and private law (Micklitz) -- Theory of the corporation (Renner) -- Actors in organizations (Grundmann) -- The principal's decision : exit, voice, and loyalty (Grundmann) -- Organizations and public goods (Micklitz) -- Law as a product (Micklitz) -- Multi-level governance and economic constitution (Micklitz) -- Transnational Law (Renner) -- Private ordering (Renner) -- The shadow of the law and social embeddedness (Grundmann).
Summary:
"New Private Law Theory - The Core Ideas A. New Private Law Theory as Applied Social Theory 1. Four Theses for a New Private Law Theory What is new about New Private Law Theory? We try to answer this question with five theses: Thesis 1: New Private Law Theory is pluralistic. The theory of private law must take into account the findings of different disciplines in order to develop an adequate description of society. It is therefore beyond question today that the findings of law & economics hold important insights for legislation and the application of law. The survey of a single neighboring discipline, however, necessarily leads to a reduction in complexity. This reduction in complexity is helpful for developing theoretical models, but insufficient for adequately coping with legal problems. Law & economics today not only forms the "mainstream" of private law thinking in the USA, but it increasingly gains ground also in Europe"-- Provided by publisher.
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