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Private Law Development in Context - German Private Law and Scholarship in the 20th Century (Hardcover)
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Private Law Development in Context - German Private Law and Scholarship in the 20th Century (Hardcover)
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While common law is developed by the courts and judges and may well
be the prime authorities for the development of law, and while
French private law is said to be the origin of the idea of modern
codification and grand legislatures, German private law can well be
seen as the law where the influence of academia is paramount.It is
perhaps fair to say that no other code is as strongly influenced by
scholars as the German Civil Code of 1900. Furthermore, in both the
past and the present, courts and scholars in Germany are in
constant dialogue about the application and interpretation of
German and also EU law. Arguably, this is also one of the reasons
why German academia plays such a prominent some may say excessively
dominant role in the European private law discourse and
development.As a result it seems necessary, indeed vital, to shed
more light on professors who were highly influential in the
development of German private law in the 20th century. They
fostered such concepts and ideas as the birth of modern market and
institutional regulation, genuine internationalisation, in
particular through comparative law, and Europeanisation of private
law, social areas of the law, particularly labour and consumer law
and fundamental rights protection between private parties, and
equally the law of competition and enterprise.This book compiles
and puts into perspective portraits of 37 professors of private law
from Germany, Austria and Switzerland who completed the core of
their academic oeuvre in the 20th century. The individual portraits
of the life and work of each professor are written by one of their
former 'Schler' and taken together show the thread of the
intellectual history of legal thinking in 20th century German
private law.
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