Law
Thorsten Hollstein
Die Verfassung als »Allgemeiner Teil«
Privatrechtsmethode und Privatrechtskonzeption bei Hans Carl Nipperdey (1895–1968)
[The Constitution as a 'General Section'. The Method and Conception of Private Law in the Works of Hans Carl Nipperdey (1895–1968).]
unveränderte eBook-Ausgabe 2021; Orginalausgabe 2007; 2007. XV, 395 pages.
Beiträge zur Rechtsgeschichte des 20. Jahrhunderts 51
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Published in German.
Thorsten Hollstein studies Nipperdey's biography, his methodology and his legal philosophy as well his conception of private law ranging from the Weimar Republic to the Nazi period and up to the Federal Republic. Instead of focusing on collective labor law, which was the strongest component in Nipperdey's work, the author deals with general civil law and commercial and economic constitutional law. He shows that Nipperdey's main concern starting with the Weimar Republic was the question of freedom, which was posed as a question of free or social private law. The author examines how Nipperdey answered this question between the extremes of freedom and social commitments in three different political systems.This doctoral thesis was awarded the »Werner Pünder Prize« for work on the subject of 'Freedom and Totalitarianism'.