Book contents
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- Part I Methods and Disciplines
- Part II Social Ordering, Constitutionalism and Private Law
- Part III Transactions and Risk: Private Law and the Market
- Part IV Persons and Organizations
- Part V Private Law (Rule-Setting) beyond the State
- 23 Law as a Product
- 24 Multilevel Governance and Economic Constitution
- 25 Transnational Law
- 26 Private Ordering
- 27 The Shadow of the Law and Social Embeddedness
- Index
- References
25 - Transnational Law
from Part V - Private Law (Rule-Setting) beyond the State
Published online by Cambridge University Press: 09 April 2021
Book contents
- New Private Law Theory
- New Private Law Theory
- Copyright page
- Contents
- Preface
- New Private Law Theory
- Part I Methods and Disciplines
- Part II Social Ordering, Constitutionalism and Private Law
- Part III Transactions and Risk: Private Law and the Market
- Part IV Persons and Organizations
- Part V Private Law (Rule-Setting) beyond the State
- 23 Law as a Product
- 24 Multilevel Governance and Economic Constitution
- 25 Transnational Law
- 26 Private Ordering
- 27 The Shadow of the Law and Social Embeddedness
- Index
- References
Summary
Transnational law is of utmost practical relevance, as private law relations have always transcended the borders of national legal systems. There is a broad theoretical discussion of the topic, but the very concept of transnational law remains elusive. Is it a novel legal order made by non-state actors? A mere description of the ways in which different legal orders interact? Or rather a new perspective on the lawmaking process as an interplay of public and private, national and international actors?
- Type
- Chapter
- Information
- New Private Law TheoryA Pluralist Approach, pp. 472 - 483Publisher: Cambridge University PressPrint publication year: 2021
References
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Berman, Harold J., Law and Revolution: The Formation of the Western Legal Tradition (Cambridge: Harvard University Press, 1983)Google Scholar
Calliess, Gralf-Peter / Zumbansen, Peer, Rough Consensus and Running Code: A Theory of Transnational Private Law (Oxford: Hart, 2012)Google Scholar
Halliday, Terence C. / Shaffer, Gregory, ‘Transnational Legal Orders’, in Halliday, Terence C. / Shaffer, Gregory (eds.), Transnational Legal Orders (New York: Cambridge University Press, 2015), pp. 3–72Google Scholar
Michaels, Ralf, ‘The True Lex Mercatoria: Private Law Beyond the State’, 14 Indiana Journal of Global Legal Studies 447–68 (2007)Google Scholar
Tietje, Christian / Brouder, Alan / Nowrot, Karsten, Philipp C. Jessup’s Transnational Law Revisited (Halle-Wittenberg: Institute for Economic Law, 2006)Google Scholar
Zumbansen, Peer, ‘Transnational Law’, in Smits, Jan (ed.), Encyclopedia of Comparative Law (Cheltenham: Edward Elgar, 2006), pp. 738–54Google Scholar