Law

Rudolf von Jhering (1818-1892) was one of the leading Roman lawyers in nineteenth century Germany and famously developed a sophisticated methodology for the »Begriffsjurisprudenz« (conceptual jurisprudence) of his time. At mid-career, however, he turned to a sociological and instrumentalist jurisprudence and shaped twentieth century legal thought in Germany and beyond, especially in the United States.

Vincent Stangenberg examines the principle of alignment in European conflict and jurisdiction law, addressing the interplay between jurisdiction and applicable law. He explores the benefits of domestic law application, challenges in foreign law usage, and advocates reforms such as specialized chambers and modern technologies.

By applying post-categorical approaches and transferring civil liberties dogmatics, Luisa Lehning develops a dogmatic framework that identifies multidimensional inequalities that have previously been overlooked in legal terms and makes it possible to determine their specific intensity for members of marginalized groups.

In its 1981 landmark decision on expropriation (the so-called "Nassauskiesungsbeschluss“), the German Federal Constitutional Court sparked a doctrinal development that resulted in a strictly formal concept of expropriation. Interference with property that it does not aim to procure is considered a regulatory measure and falls outside its scope. As opposed to expropriation, there is no constitutional requirement that necessitates compensation. The author challenges this view, providing a counternarrative of the right to property which is based on the wording of the German Basic Law and on the norms of international and European law as well as on comparative law considerations.