Herbert Kronke
Weil Wissenschaft Wissen schafft: Zu Jürgen Basedows »Uniform Law«
Section: Aufsätze
Published 20.08.2025
- article PDF
- Open Access
- 10.1628/rabelsZ-2025-0045
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Summary
Because Scholarship Generates Knowledge: On Jürgen Basedow's »Uniform Law«. The article highlights the innovative nature of Basedow's third major monograph relative to other »modern classics« on uniform law, noting in particular its combination of (almost) encyclopaedic coverage, systematic structure, and critical analysis, incorporating well-known central topics along with commentary on numerous uniform legal instruments. In addition, there are new and surprising elements awaiting comparative commercial law scholars, such as the topic of »negative harmonization«. The author of the article also discusses hypotheses, arguments, and conclusions in regards to perpetual themes of transnational law, such as the choice between a classic international treaty or the now frequent alternative of a soft law instrument, the dynamic of mutual influence between uniform law and non-uniform national law, and the relationship of uniform law and private international law. Finally, the article looks at institutional, cultural, and economic framework conditions and - politically determined - obstacles to the development of modern uniform law, as felt by the institutions, as well as experts involved in their work.