Otto Hahn Award Winners to Present at the Jour Fixe
- Date: May 14, 2018
- Time: 12:00 - 13:00
- Speaker: Insa Jarass / Jasper Kunstreich
- Max Planck Institute for European Legal History
- Location: MPIeR
- Room: Lecture hall of the MPI
Unification of Law by means of 'Private Uniform Law' (Insa Jarass)
The – mostly – national fragmentation of commercial law has always been viewed as a barrier to international trade. Besides governments’ attempts to create legal unity through international treaties, private actors such as the International Chamber of Commerce in Paris have also committed to trying to achieve unification of law in the area of international commerce by creating their own non-state rules and regulations. Seeking to identify the ways in which such non-state regulations function, my work addresses the question of which underlying conditions they require in order to achieve their goal of unifying the law in practice.
Bankruptcy Law in Germany between 1815-1870 (Jasper Kunstreich)
I focus on the dilemma between collective and individual interests in bankruptcy. At the outset, I wanted to know how and why different lawmakers solved this dilemma differently. I therefore compared a number of bankruptcy regimes in different German polities prior to political unification in 1871. Bankruptcy regimes were originally operated by local market institutions and local elites. However, they were not able to respond adequately to the industrial revolution and market integration. Designing new rules for economic failure ultimately became an element in the formation of the new nation state.