Law

Lea Katharina Kumkar explores the scope and limits of non-contractual governance mechanisms in the digital domain. She formulates a theoretical framework for rule-setting grounded in subjective rights and assesses its suitability as a regulatory basis for digital services.

The categories that protect the individual also limit it. Based on Hegel's concept of freedom, Nils Weinberg develops a concept of legal identity as a »form of freedom« of liberal anti-discrimination law: freedom means self-determination in relation to others and requires dynamic, not arbitrary legal categories.

While damages are still primarily attributed a compensatory function in German law, prevention and effective law enforcement are also increasingly recognised as legitimate purposes of tort law in more and more areas. This volume retraces these developments and looks to the future.

The Foundations of Constitutional Law opens up new perspectives on constitutional law beyond classical dogmatics. Volume 1 of this three-volume handbook presents theoretical and methodological approaches to constitutional law and constitutional thinking and examines the contexts and conditions of validity and effectiveness of constitutional law.