The legal history of the 19th and 20th centuries is characterized by a remarkable ambivalence. On the one hand, it was the time of the large-scale codifications, which were largely based on the equality of the users of law and regulated broad areas of life. This equality-based law represented – at least when it came to judicial and scholarly attention – the legal system. On the other hand, the functional differentiation of the modern society became apparent through constantly new regulatory requirements for certain groups or special conditions. This could result in the differentiation and specialization of the state law itself, but also in the creation of autonomous or semi-autonomous legal special orders of the groups concerned.
This project attends to the latter constellation in two respects. First, the jurisprudential efforts tied to the problem of non-state normativity are observable. And second, the project aims to investigate which strategies of norm-setting and norm-enforcement were developed in individual areas of social praxis und how these processes brought forth concepts of normativity.