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.

In a modern economy characterized by a division of labor and constant change, contracts and declarations of intent that require subsequent completion can hardly be dispensed with. Despite their many forms, such »blank« instruments raise very similar legal issues. Tim Robers addresses these issues on the basis of the general legal rules.

Credit default swaps let investors »bet« on corporate bankruptcies. But what if they influence restructurings to make their »bets« pay off? Julian Franke analyzes this so-called CDS activism, examining the phenomenon and evaluating it from both legal and economic perspectives.

As institutions of the state, publicly funded schools are obliged to remain neutral. At the same time, their educational mandate is not limited to the teaching of specialised knowledge. Schools are also places where values are formed. The contributors to this volume undertake an interdisciplinary reflection on this dimension of schools.