Continental European legal scholarship is witnessing a trend towards more interdisciplinary research. But what do legal scholars mean when referring to the concept of interdisciplinarity? The authors of this volume explore this question using a bottom-up approach.
Continental European legal scholarship witnesses a trend towards more interdisciplinary research. This trend raises numerous questions: What do legal scholars mean when referring to the concept of interdisciplinarity? Is it possible to distinguish different types of interdisciplinarity? What are the functions of interdisciplinary arguments in legal debates? Are there common problems which legal scholars face when engaging in interdisciplinary research? Is there an interdependence between a given national legal system and interdisciplinary research? Despite the trend towards more interdisciplinarity in legal scholarship, it seems that these and related questions have hitherto not attracted much attention. The present volume explores these questions using a bottom-up approach, offering reflections by legal scholars on interdisciplinary legal research in their fields of expertise.
Table of contents:
Reiner Schmidt: Foreword
Part 1 IntroductionPhillip Hellwege/Marta Soniewicka: Law and Interdisciplinarity -
Jerzy Stelmach: Interdisciplinarity and the Dimensions of Legal Discourse -
Matthias Rossi: Legislation as an Interdisciplinary Challenge
Part 2 Law and TheologyFranciszek Longchamps de Bérier: The Use of Law and Legal Studies for the Methodological Renewal of Dogmatic Theology -
Thomas Marschler: Legal and Theological Dogmatics
Part 3 Law and Extra-Legal Value SystemsThilo Rensmann: Inalienable Human Rights -
Monika Florczak-Wątor: Human Dignity, Inalienable Human Rights, and Interdisciplinarity
Part 4: Law and PoliticsAqilah Sandhu: The Judicial Dialogue in the EU between Law and Politics -
Monika Kawczyńska: The Relation between »the Courts of the Last Word«: Judicial Dialogue or Diverging Monologues?
Part 5 Law and EconomicsPeter Kasiske: Criminal Law and Behavioral Law and Economics -
Michał Derek: The Limits of the Application of Behavioral Economics to Criminal Law -
Wolfgang Wurmnest: The Interplay of Law and Economics in Competition Law -
Tomasz Długosz: The Interplay of Law and Economics from the Perspective of Polish Competition Law -
Grzegorz Blicharz: Law and the Study of the Commons: The In Personam and In Rem Rights Paradigms -
Constantin Willems: Reflections on D. 19.2.35.1 from a (Roman) Law and Economics Perspective
Part 6 Law and PsychologyMarta Soniewicka/Julia Wesołowska: The Role of Emotions in Law: The Impact of Empathy on the Interpretation of Non-Pecuniary Harm -
Phillip Hellwege: Emotions in German Law -
Wojciech Załuski: The Personalist Objection against the Volitional Component of the Insanity Defense -
Johannes Kaspar: Free Will for (almost) Everyone? Problems of a Restrictive Normative Approach to the Insanity Defense -
Łukasz Kurek: Rationalization in Legal Theory -
Svenja Behrendt: Being (Un-)Reasonable: Rationalization and Rationality in Law and Legal Theory
Part 7 Law and AestheticsEwa Laskowska-Litak: Aesthetic but Artefactual? ‒ In Search of the Lost Object of Protection in Copyright Law -
Daria Kim: A Context-Based Assessment of Copyrightability: In Search of the Justification
Part 8 Law and MathematicsWojciech Dajczak Law and Mathematics: Old Problems in the Digital Era -
Herbert Zech Law and Mathematics: A Comment
