Welcome to the Max Planck Institute for Legal History and Legal Theory

Welcome to the Max Planck Institute for Legal History and Legal Theory

We provide a forum for reflecting on law.
We explore its theory and history in a comparative and global perspective.
We address societal challenges by contributing to a deeper understanding of law.
Multidisciplinary Theory of Law
Department Marietta Auer
Historical Regimes of Normativity
Department Thomas Duve
European and Comparative Legal History
Department Stefan Vogenauer

News

A Critical Reappraisal of Legal Positivism
In his research project, ,A Critical Reappraisal of Legal Positivism’, Luke Kelland aims to reassess foundational assumptions in legal positivist theory. Integrating legal theory and the history of jurisprudence, this project examines the guiding role of law in shaping human behavior and questions the universal aspirations of legal positivist theories. By challenging core concepts such as the necessity of conceptual analysis for defining legal validity, the research creates a platform to critique the methodological underpinnings of legal positivism. This project seeks to identify alternative frameworks and approaches that may offer more comprehensive insights, addressing the current gap in positivist theory's capacity to encompass diverse jurisprudential perspectives.
Groundbreaking work on international courts and global governance
Aden Knaap, a recent graduate of Harvard University, has been awarded the Max Planck-ASLH Dissertation Prize for his dissertation entitled ,Judging the World: International Courts and the Origins of Global Governance, 1899-1971‘. The prize recognises his meticulously researched work, which traces the history and development of international courts from the first efforts in 1899 to the establishment of today's international legal institutions after the Second World War. Knaap's work offers a fresh perspective by highlighting the pivotal role of international court initiatives in the early twentieth century, a period often overlooked in narratives of global governance.
The Intersection of Economics and Legal History in Europe's Capitalist Transformation
Valerian Klein's research project, The Legal Construction of Credit Money, examines the role of law in the formation and regulation of credit money. Integrating multidisciplinary legal theory and private law theory, this project analyzes how credit money—primarily created by commercial banks in the Euro area through loan issuance—constitutes the majority of the money supply. By viewing money as a socially constructed practice framed by law, the project sheds light on the legal mechanisms that shape money creation and their potential impact on financial stability and social inequality. This research addresses a key gap by exploring the legal structure behind credit money, focusing on how regulatory changes may influence distribution and economic justice.

From one epistemic community to another: conceptual similarities between the School of Salamanca and the usus modernus Pandectarum on topics of economic dominance (16th-18th centuries)

New time!
Nov 21, 2024 06:15 PM - 07:45 PM (Local Time Germany)
Campus Westend der Goethe-Universität, Room: Raum IG 2.501

Beyond the British Empire: Stocks, bonds and common law in the 19th-century Magdalena River (1810-1928)

online
Nov 25, 2024 02:15 PM - 03:15 PM (Local Time Germany)
online

How does Digitality Change History? Digital History Methods in an Institutional Context

Dec 3, 2024 02:00 PM - 04:00 PM (Local Time Germany)
mpilhlt & online, Room: Z01
Cover Rechtsgeschichte – Legal History 32 (2024)
Cover Studien zur Rechtstheorie – Band 001, Norberto Bobbio
Cover Global Perspectives on Legal History – Band 24, Los viajes de las ideas sobre la cuestión criminal hacia/desde Argentina
Cover Studien zur europäischen Rechtsgeschichte - Band 346, Otto Hintze
Cover SSSRN Paper 2024-08 What was Canon Law in Hispanic America and the Philippines (16th-18th Century)? An introduction to its sources, its modus operandi and its legal historical analysis
Cover Studien zur europäischen Rechtsgeschichte - Band 342, Michael Stolleis – zum Gedenken
Cover Global Perspectives on Legal History – Band 22, Seeking Capture, Resisting Seizure
Cover Max Planck Studies in Global Legal History of the Iberian Worlds - Band 4, The Production of Knowledge of Normativity in the Age of the Printing Press
Cover Studien zur europäischen Rechtsgeschichte - Band 337, Legal Pluralism and Social Change in Late Antiquity and the Middle Ages
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