Beyond the State: Rethinking Private Law

»Private law beyond the state« is a topic that is fashionable, important, and widely discussed. Yet it presents so many different aspects and perspectives that it has, so far, remained remarkably poorly understood. Precisely because globalization moves the law »beyond the state«, lawyers find themselves forced to rethink private law and its relation to the state. This volume brings together contributions of leading scholars from the United States, Israel and Germany exploring the topic from different perspectives: legal history, law and economics, legal sociology, private international law, and law and anthropology. They aim at clarifying and structuring current debates, focussing on the historical, conceptual, and epistemological relations between private law and the state as well as on their relevance for legal argument; on the actors involved in processes connecting and dividing private law and the state; and on the fundamental normative questions that result from these processes.Introduction
Nils Jansen and Ralf Michaels: Beyond the State? Rethinking Private Law
Part 1: Structures
Nils Jansen and Ralf Michaels: Private Law and the State: Comparative Perceptions and Historical Observations - Ralf Michaels and Nils Jansen: Private Law Beyond the State? Europeanization, Globalization, Privatization
Part 2: Relations
Charles Donahue, Jr.: Private Law without the State and During its Formation - Christiane C. Wendehorst: The State as a Foundation of Private Law Reasoning - Annelise Riles: The Anti-Network: Private Global Governance, Legal Knowledge, and the Legitimacy of the State - Marietta Auer: The Anti-Network: A Comment on Annelise Riles
Part 3: Actors
James Gordley: The State's Private Law and Legal Academia - Susanne Lepsius: Taking the Institutional Context Seriously: A Comment on James Gordley - Hans-Peter Haferkamp: The Science of Private Law and the State in Nineteenth Century Germany - Chaim Saiman: Public Law, Private Law, and Legal Science - Jürgen Basedow: The State's Private Law and the Economy: Commercial Law as an Amalgam of Public and Private Rule-Making - David V. Snyder: Contract Regulation, With and Without the State: Ruminations on Rules and their Sources: A Comment on Jürgen Basedow
Part 4: Values
Florian Rödl: Private Law Beyond the Democratic Order? On the Legitimatory Problem of Private Law »Beyond the State« - Peer Zumbansen: Law After the Welfare State: Formalism, Functionalism, and the Ironic Turn of Reflexive Law - Hanoch Dagan: The Limited Autonomy of Private Law - Gunther Teubner: State Policies in Private Law? A Comment on Hanoch Dagan