Archive of Events

Archive of Events

Room: Seminar room (F 113) | Guests are welcome! Host: MPI-CSL in cooperation with the Department of Political Science and Philosophy of Law at the University of Freiburg

About the Nature and Value of Conceptual Legal Scholarship

Freiburg Lectures on Staatswissenschaft and Philosophy of Law
The lecture pursues two goals. First, Christian Bumke aims to compare how German legal doctrine and a pluralistic approach, known as the “New Private Law Theory” in the USA, can be used to think about and work with the law. Bumke will argue that, while there are considerable differences between the two, they can be understood as two variants of the same general approach towards legal scholarship, which he calls “conceptual legal scholarship”. His second goal consists in developing a reflection on methodol­ogy. For this purpose, he examines the differences within con­cep­tual legal scholarship. He wishes to show that very different academic activities are pursued both within legal doctrine and New Private Law scholarship. Bumke will make a distinction between two different types of conceptual legal scholarship. On the one hand, there are approaches that aim to explain a certain legal phenomenon; on the other hand, one finds approaches that aim to understand the law’s normative content. He will argue that differentiating between the two perspectives is important because they respond to different expectations and have to conform to different standards. [more]
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