Law

Rudolf von Jhering (1818-1892) was one of the leading Roman lawyers in nineteenth century Germany and famously developed a sophisticated methodology for the »Begriffsjurisprudenz« (conceptual jurisprudence) of his time. At mid-career, however, he turned to a sociological and instrumentalist jurisprudence and shaped twentieth century legal thought in Germany and beyond, especially in the United States.

As one of three borrowing authorisations of the debt brake (Schuldenbremse), the cyclical component allows and requires borrowing and repayment depending on overall economic development. Manuel Ackermann examines how it has realigned fiscal policy since the 1960s and made it verifiable for the first time.

Koray Çavuşoğlu examines a largely overlooked governance option in German limited liability companies: the board of directors. He refutes the widespread assumption that it is merely a variant of the optional supervisory board and develops an independent understanding in light of SE law.

For disputes concerning digital goods, we still apply the laws that date back to a time long before digitalisation and the internet. This practice is now often reaching its limits. Based on the question of which jurisdictional interests the law follows, the author makes concrete proposals for resolving jurisdictional issues in disputes over digital goods.