Topic
Private law
About: Private law is a research topic. Over the lifetime, 11661 publications have been published within this topic receiving 135998 citations. The topic is also known as: Burgerlyk Regt.
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TL;DR: This paper examined legal rules covering protection of corporate shareholders and creditors, the origin of these rules, and the quality of their enforcement in 49 countries and found that common law countries generally have the best, and French civil law countries the worst, legal protections of investors.
Abstract: This paper examines legal rules covering protection of corporate shareholders and creditors, the origin of these rules, and the quality of their enforcement in 49 countries. The results show that common law countries generally have the best, and French civil law countries the worst, legal protections of investors, with German and Scandinavian civil law countries located in the middle. We also find that concentration of ownership of shares in the largest public companies is negatively related to investor protections, consistent with the hypothesis that small, diversified shareholders are unlikely to be important in countries that fail to protect their rights.
14,563 citations
Journal Article•
TL;DR: A preliminary demarcation of a type of Bourgeois public sphere can be found in this article, where the authors remark on the type representative publicness on the genesis of the Bourgois Public Sphere.
Abstract: Part 1 Introduction - preliminary demarcation of a type of Bourgeois Public Sphere: the initial question remarks on the type representative publicness on the genesis of the Bourgois Public Sphere. Part 2 Social structures of the Public Sphere: the basic blueprint institutions of the public sphere the Bourgois family and the institutionalization of a privateness oriented to an audience the public sphere in the world of letters in relation to the public sphere in the political realm. Part 3 Political functions of the public sphere: the model case of British development the continental variants civil society as the sphere of private autonomy: private law and a liberalized market the contradictory institutionalization of the public sphere in the Bourgeois constitutional state. Part 4 The bourgeois public sphere - idea and ideology: publicity as the bridging principle between politics and morality, Kant on the dialectic of the public sphere, Hegel and Marx the ambivalent view of the public sphere in the theory of liberalism, John Stuart Mill and Alexis de Tocqueville. Part 5 The social-structural transformation of the public sphere: the tendency toward a mutual infiltration of public and private spheres the polarization of the social sphere and the intimate sphere from a culture-debating (kulturrasonierend) public to a culture-consuming public the blurred blueprint - developmental pathways in the disintegration of the bourgeois public sphere. Part 6 the transformation of the public sphere's political function: from the journalism of private men of letters to the public consumer services of the mass media - the public sphere as a platform for advertising the transmitted function of the principle of publicity manufactured publicity and nonpublic opinions - the voting behaviour of the population the political public sphere and the transformation of the liberal constitutional state into a social-welfare state. Part 7 On the concept of public opinion: public opinion as a fiction of constitutional law-and the social-psychological liquidation of the concept a sociological attempt at clarification.
6,328 citations
Book•
01 Jan 1997
TL;DR: A Reconstructive Approach to Law I: The System of Rights as discussed by the authors The Indeterminacy of Law and the Rationality of Adjudication The Reconstruction of Law II: The Principles of the Constitutional State.
Abstract: Translatora s Introduction. Preface. 1. Law as a Category of Social Mediation between Facts and Norms. 2. The Sociology of Law versus the Philosophy of Justice. 3. A Reconstructive Approach to Law I: The System of Rights. 4. A Reconstructive Approach to Law II: The Principles of the Constitutional State. 5. The Indeterminacy of Law and the Rationality of Adjudication. 6. Judiciary and Legislature: On the Role and Legitimacy of Constitutional Adjudication. 7. Deliberative Politics: A Procedural Concept of Democracy. 8. Civil Society and the Political Public Sphere. 9. Paradigms of Law. Postscript (1994). Appendices. Notes. Bibliography. Index.
1,734 citations
Book•
01 Jan 1980
TL;DR: In this paper, the basic requirements of practical reasonableness of a law are described and evaluated, and a basic form of good: knowledge, community, communities, and common good.
Abstract: PART I 1. Evaluation and the Description of Law 2. Images and Objections PART II 3. A Basic Form of Good: Knowledge 4. The Other Basic Values 5. The Basic Requirements of Practical Reasonableness 6. Community, Communities, and Common Good 7. Justice 8. Rights 9. Authority 10. Law 11. Obligation 12. Unjust Laws PART III 13. Nature, Reason, God Postscript
1,654 citations
TL;DR: The authors empirically assesses two theories of why legal origin influences financial development, i.e., political and adaptation, and concludes that legal systems that adapt quic kly to minimize the gap between the contracting needs of the economy and the legal system's capabilities will foster financial development more effectively than would more rigid legal traditions.
929 citations