Hostname: page-component-848d4c4894-nr4z6 Total loading time: 0 Render date: 2024-06-10T23:46:27.589Z Has data issue: false hasContentIssue false

“Critical Legal Thought: An American-German Debate” An Introduction at the Occasion of Its Republication in the German Law Journal 25 Years Later

Critical Legal Studies and the German Law Journal: Remarks About the Lessons and Prospects of Comparative Legal Theory

Published online by Cambridge University Press:  06 March 2019

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

On the occasion of the republication of the “blue volume,” containing the proceedings of the 1986 “Critical Legal Thought: An American-German Debate” Conference at the University of Bremen Law School, much or little might be said as to the significance, promises or learned lessons of that event. The original conference conveners, like the editors of the ensuing volume, do much of that in the following pages. In fact, their recollection of the motivations and ideas driving the transatlantic event provides a marvelous view into the evolving mystery of legal thought, education and professionalism - on both sides of the Atlantic. The two accounts rightly embed the mid-1980s conference in a much larger historical context. Christian Joerges’ much-referenced account reaches back deep into the constituting phases of nineteenth-century German legal thought. David Trubek's essay is a thoughtful critical assessment of both the gaps and the overlaps between the German and the American legal cultures in the lead-up to and of the globalizing aftermath of the event.

Type
Articles
Copyright
Copyright © 2011 by German Law Journal GbR 

References

3 Cohen, Felix S., Transcendental Nonsense and the Functional Approach, 35 Colum. L. Rev. 809 (1935); reiterated also by Kennedy, Duncan, Comment on Rudolf Wiethölter's “Materialization And Proceduralization in Modern Law”, and “Proceduralization of the Category of Law”, in this issue, sub G.Google Scholar

4 William M. Sullivan et al, Educating Lawyers: Preparation for the Profession of Law (2007)Google Scholar

5 Tony Judt, Ill Fares the Land (2010)Google Scholar

6 Zumbansen, Peer, Law's Knowledge and Law's Effectiveness: Reflections from Legal Sociology and Legal Theory, 10 German L.J. 417 (2010), 426-428, available at: http://www.germanlawjournal.com/index.php?pageID=11&artID=1100 Google Scholar

7 Ellickson, Robert C., Law and Economics Discovers Social Norms, 27 J. Leg. Stud. 537 (1998); Macaulay, Stewart, Relational Contracts Floating on a Sea of Custom? Thoughts about the Ideas of Ian Macneil and Lisa Bernstein, 94 Nw. U. L. Rev. 775 (2000)Google Scholar

8 See the contributions to the 10th Anniversary Symposium for the German Law Journal, “The Transnationalization of Legal Cultures”, held at the German Federal Justice Ministry in Berlin, 2-3 July 2009, available at: http://www.germanlawjournal.com/pdfs/TOC/pdf_table_of_contents_Vol_10_No_10.pdf Google Scholar

9 Russell A. Miller and Peer C. Zumbansen (eds.), Comparative Law as Transnational Law: A Decade of the German Law Journal (Oxford University Press, 2011) - in print. Google Scholar

10 Augenstein, Daniel, Introduction: The reluctance to ‘glance in the mirror': ‘Darker Legacies of Law in Europe’ Revisited, 7 German L.J. 71 (2006), available at: http://www.germanlawjournal.com/pdfs/Vol07No02/PDF_Vol_07_No_02_71-82_Articles_Augenstein.pdf Google Scholar

11 In this vain, Kemmerer, Alexandra, Constitutional Law as a Work of Art - Experts’ Eyes: Judges of the World examine the Constitution of Europe, 4 German L. J. 859 (2003), available at http://www.germanlawjournal.com/index.php?pageID=11&artID=304 Google Scholar

13 See, recently, Minow, Martha, Legal Education: Past, Present and Future. Lecture delivered on 5 April 2010, available at: http://www.law.harvard.edu/news/spotlight/classroom/related/legal-education-past-present-and-future1.pdf: Rajish Bindal, Legal Education - A Global Perspective. Undated. Available at: http://www.highcourtchd.gov.in/right_menu/events/events/GlobalSpeech.pdf Google Scholar