Private Ordnung

Gregor Bachmann deals with the phenomenon of private rulemaking. He explores the background of self-regulation in the constitution as well as the social sciences and presents some theories of German jurisprudence which have been developed in order to understand this phenomenon. The author identifies legitimation as the core concept on which any theory of rulemaking must be based. He describes the legal institutions of private law as instruments for the construction of a legitimate private order. He also makes suggestions for advanced legislation and drawing up contracts.