New Private Law Theory

Résumé du livre

"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"--