(image source: Klostermann)
Abstract:
Hermann Kantorowicz was a formidable legal scholar in the turbulent first three decades of the 20th century, a leading participant in the ‘renaissance’ of legal philosophy in Germany. He gained an international reputation as a legal historian and legal theorist (and no small notoriety for his contrarian, combative views). He first formulated a ‘free law’ theory in Kampf um die Rechtswissenschaft in 1906, his bold strike against orthodox jurisprudence. Substantially modified over time, the theory sought to explain and to justify when and how judges employ discretion when called upon to fill gaps in the law by a process of legal discovery. This book examines the evolution of Kantorowicz’s free law thought – from contra legem adjudication to the science of method trialism; its philosophical, sociological and historical underpinnings; and why it still retains relevance for modern legal methodology.
On the series:
The first volume in the publication series edited by the Max Planck Institute and published by Vittorio Klostermann appeared in 1971. After over 340 volumes and a change of name to “Studien zur europäischen Rechtsgeschichte” in 2002, this revered series is receiving a companion in 2023: “Studien zur Rechtstheorie”. The new series reflects the research on interdisciplinary legal theory being carried out at the Max Planck Institute for Legal History and Legal Theory since 2021, and it will make use of the same proven concept, layout and production quality as the legal historical series. This peer-reviewed series represents an attractive, multilingual forum for excellent monographs and edited volumes from all fields of legal theory.
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