Der privatrechtliche Diskurs der Moderne

The system of modern private law common to most civil law jurisdictions was finalized around 1800. But what exactly happened in the history of modern thought that led to this development? Marietta Auer shows that the narrative of the rise and fall of the supposedly »classical,« formalistic model of 19th century private law and its demise in favor of theories of »social law« during the 20th century cannot suffice as a comprehensive explanation of this development. In contrast, the author provides a new reading of the intellectual history of modern private law based on a sociological understanding of private law as a social practice. Rather than exploring the justifying power and normative coherence of private law, she focuses on the social prerequisites of such constructions. What social aims and historical claims lie behing them? According to the author, the key to an answer can be found in the intellectual history of modernity since the Age of Enlightenment.