Download This PaperA Genealogy of Private Law Epistemologies
Forthcoming, Thilo Kuntz and Paul B. Miller, eds., Methodology in Private Law Theory (Oxford University Press)
20 Pages Posted: 10 Mar 2023
Date Written: March 7, 2023
Abstract
Which methodology should legal science aspire to if it is to find its own, distinctive character as a science of the law? Is there any genuine legal methodology to cope with the doctrinal riddles of contracts, torts and property? Does the social embeddedness of private law institutions push private law scholarship in the direction of more empirical, especially economic, sociological and historical, research? Or is it, quite to the contrary, more philosophical reasoning on the value foundations of private contracts and property that engenders the essence of private law methodology?
Keywords: Private Law, Epistemology, Historical School, Legal Scientism, Jurisprudence of Values
JEL Classification: K10, K11, K12, K13
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