The Social Mission of Private Law

Name: The Social Mission of Private Law
ISBN: 9787100190770

奥托·基尔克 / 杨若濛The Commercial Press · ChinaSep 2021

4.3

Word count: 23K words
Chapters: 4
ISBN: 9787100190770

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Summary

Otto von Gierke, a renowned German jurist and historian, a forceful critic of the draft German Civil Code, and a leading proponent of the real-person theory of legal persons. He devoted himself to expounding the importance of Germanic legal tradition and corporate personality in German legal life, sought to bridge the public-private law dichotomy inherited from Roman law, and profoundly influenced the formation of social-law concepts.

Editor's review

The Social Mission of Private Law is one of the representative works of the German jurist Otto von Gierke, published by The Commercial Press. Gierke, a towering figure in German legal scholarship in the late nineteenth and early twentieth centuries, is renowned for his profound exposition of the theory of corporate personality. This book focuses on the central role of private law in reconciling individual freedom with the collective interests of society, criticizes the extreme individualist currents of legal thought prevalent at the time, and argues that law should recognize and safeguard the independent personality and functions of social groups. Through historical and comparative perspectives, Gierke demonstrates that private law is not merely a tool for regulating private relations but also carries the mission of maintaining social solidarity and promoting public welfare. This idea has had a profound influence on later theories of social law, company law, and even constitutional law. Reading this book not only allows one to appreciate the precise logic of German conceptual jurisprudence but also helps one understand how law seeks balance amid social change. For contemporary readers, Gierke's arguments remain illuminating, especially in exploring emerging fields such as the platform economy and data rights, where his reflections on 'sociality' offer valuable theoretical resources.

Who it's for

A good fit for

Researchers interested in legal history and philosophy of law
Law students concerned with social law and group theory
Scholars seeking a deeper understanding of the German legal tradition
Readers curious about the interaction between social governance and law

Not a good fit for

Readers seeking light reading or fiction
Those interested only in the practical operation of current statutory provisions

Reading tips

It is advisable to first understand the nineteenth-century German historical background and legal debates, which will help grasp the overall structure of the book
Reading in conjunction with Gierke's other works or related commentary can deepen understanding of his theoretical system
While reading, note the differences between Gierke's views and the mainstream doctrines of his time, and reflect on their contemporary significance

About the publisher

The Commercial Press China · Founded in 1897

The Commercial Press is a publisher known for classic works and academic publishing, with titles spanning Eastern philosophy, foreign literature, world history, social culture, and applied psychology. Its list includes classical commentaries such as Zhu Xi's Collected Commentaries on the Analects and Wang Bi's Commentary on the Zhouyi, as well as modern annotated translations like Zhuangzi with Modern Notes and Translation. In foreign literature it offers War and Peace and Crime and Punishment, while in world history it carries Braudel's The Mediterranean and the Mediterranean World in the Age of Philip II. Applied psychology is represented by Irvin D. Yalom's Existential Psychotherapy, and ethical texts include a Greek-Chinese-English edition of the Nicomachean Ethics. Its authors and translators include Zhu Xi, Wang Bi, Yalom, Braudel, and translators such as Huang Zheng, Zhang Yiling, Shen Dongyu, and Tang Jialong, balancing the editing of original texts with academic translation.

版权信息
序
译者序言
私法的社会使命

FAQ

What is the core argument of this book?

The book's core lies in criticizing the purely individualist view of private law and arguing that private law should recognize the legal personality of social groups and shoulder the mission of promoting social solidarity and public interest.

What prior knowledge is required to read this book?

A basic knowledge of legal concepts is recommended, along with some familiarity with the Roman law and Germanic law traditions and the intellectual history of nineteenth-century Europe.

What is the value of this book today?

Gierke's reflections on group personality and social orientation provide a classic theoretical framework for analyzing modern collective entities such as corporations, nonprofit organizations, and digital communities, and remain illuminating especially in exploring how law responds to social complexity.

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About the author

奥托·基尔克 Author

Otto Gierke is a writer in the field of law, but public information about his life is very limited, and his nationality, dates of birth and death, and full educational background cannot currently be confirmed. Judging from the one work held in the collection, The Social Mission of Private Law, he focuses on the function and responsibility of private law in social life and discusses how legal norms respond to the practical needs of the social community. Classified under law, the book shows a distinctly theoretical orientation, with the conceptual analysis and systematic construction common to the German legal tradition; it tends to understand private-law institutions from the perspective of social associations rather than merely annotating statutes. Such writing is usually aimed at legal researchers and advanced students, and suits readers who wish to understand the foundations of private law from the standpoint of social theory. Because verifiable material is limited, the details of his academic career and the full range of his works still await further supplementation.

杨若濛 Author

Yang Ruomeng: publicly available information is limited. The only confirmed work is The Social Mission of Private Law, classified under law. Judging from this work, the author's writing concerns the function and responsibility of private law in social life, and may touch on the interaction between private law institutions and social reality. Because no further biographical information is available, it is not possible to confirm the author's education, profession, or research focus, nor to assess the full range of the writing style. On the available evidence, Yang Ruomeng writes for legal readers, with topics that show a strong concern for real-world issues and an attempt to connect private law norms with social needs. For readers interested in the social function of private law, this work offers a useful point of entry; the author's later writing and scholarly development will need to be assessed once more public information becomes available.