Critical Studies in Private Law

A Treatise on Need-Rational Principles in Modern Law

Nonfiction, Reference & Language, Law, Reference, Religion & Spirituality, Philosophy
Cover of the book Critical Studies in Private Law by T. Wilhelmsson, Springer Netherlands
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: T. Wilhelmsson ISBN: 9789401580281
Publisher: Springer Netherlands Publication: March 14, 2013
Imprint: Springer Language: English
Author: T. Wilhelmsson
ISBN: 9789401580281
Publisher: Springer Netherlands
Publication: March 14, 2013
Imprint: Springer
Language: English

Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law.
The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Critical Studies in Private Law discusses the prerequisites and possibilities for an alternative or critical legal dogmatics. The starting point of the analysis is the recognition of contradictions within the legal order. In this respect the theory may use the experience of both American Critical Legal Studies and the German attempts to formulate a legal theory for the social state. The key for understanding how the contradictory concrete legal material may produce varying results on the level of legal decisions is the systematization, the general principles of the law.
The analysis does not, however, stop at this theoretical level. The methodology is tested through a discussion of some features of modern private law. Some key elements of contract law, including consumer law, of the Welfare State are singled out. The work focuses on the person-orientation of modern law as a challenge to the traditional abstract legal form. The aim is to explore the limits for a contract law radically oriented towards the personal social and economic needs of the parties. This endeavour involves the creation of new legal concepts such as social force majeure.

More books from Springer Netherlands

Cover of the book The Semiotics of Law in Legal Education by T. Wilhelmsson
Cover of the book Art, Literature, and Passions of the Skies by T. Wilhelmsson
Cover of the book Razoxane and Dexrazoxane - Two Multifunctional Agents by T. Wilhelmsson
Cover of the book A Thousand Deadlines: The New York City Press and American Neutrality, 1914–17 by T. Wilhelmsson
Cover of the book Vibration and Structural Acoustics Analysis by T. Wilhelmsson
Cover of the book Photosynthesis by T. Wilhelmsson
Cover of the book Thermomechanics of Composite Structures under High Temperatures by T. Wilhelmsson
Cover of the book Manufacturing Technology in the Electronics Industry by T. Wilhelmsson
Cover of the book Bread, Politics and Political Economy in the Reign of Louis XV by T. Wilhelmsson
Cover of the book Yearbook of Morphology 2001 by T. Wilhelmsson
Cover of the book Environmental Archaeology: Meaning and Purpose by T. Wilhelmsson
Cover of the book Beyond the International Space Station: The Future of Human Spaceflight by T. Wilhelmsson
Cover of the book Tourism vs Environment by T. Wilhelmsson
Cover of the book Ultrasound in Coronary Artery Disease by T. Wilhelmsson
Cover of the book Pathways Out of Poverty by T. Wilhelmsson
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy