书目名称 | Critical Studies in Private Law | 副标题 | A Treatise on Need-R | 编辑 | Thomas Wilhelmsson | 视频video | | 丛书名称 | Law and Philosophy Library | 图书封面 |  | 描述 | .Critical Studies in Private Law. discusses theprerequisites and possibilities for an alternative or critical legaldogmatics. The starting point of the analysis is the recognition ofcontradictions within the legal order. In this respect the theory mayuse the experience of both American Critical Legal Studies and theGerman attempts to formulate a legal theory for the social state. Thekey for understanding how the contradictory concrete legal materialmay produce varying results on the level of legal decisions is thesystematization, the general principles of the law. .The analysis does not, however, stop at this theoretical level. Themethodology is tested through a discussion of some features of modernprivate law. Some key elements of contract law, including consumerlaw, of the Welfare State are singled out. The work focuses on theperson-orientation of modern law as a challenge to the traditionalabstract legal form. The aim is to explore the limits for a contractlaw radically oriented towards the personal social and economic needsof the parties. This endeavour involves the creation of new legalconcepts such as .social force majeure.. . | 出版日期 | Book 1992 | 关键词 | dogmatics; legal order; legal theory | 版次 | 1 | doi | https://doi.org/10.1007/978-94-015-8028-1 | isbn_softcover | 978-90-481-4142-5 | isbn_ebook | 978-94-015-8028-1Series ISSN 1572-4395 Series E-ISSN 2215-0315 | issn_series | 1572-4395 | copyright | Springer Science+Business Media B.V. 1992 |
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