Welcome to the Max Planck Institute for Legal History and Legal Theory

Welcome to the Max Planck Institute for Legal History and Legal Theory

We provide a forum for reflecting on law.
We explore its theory and history in a comparative and global perspective.
We address societal challenges by contributing to a deeper understanding of law.
Multidisciplinary Theory of Law
Department Marietta Auer
Historical Regimes of Normativity
Department Thomas Duve
European and Comparative Legal History
Department Stefan Vogenauer

News

The Intersection of Economics and Legal History in Europe's Capitalist Transformation
Jasper Kunstreich‘s research project ,The Economics of Legal History‘, aims to integrate economic theory and history with legal history, offering a multidisciplinary approach to understanding the evolution of legal frameworks. His project is grounded in the idea that Europe's transformation into modern capitalism was driven by institutional and legal changes, aligning with the principles of New Institutional Economics. The research highlights the significant role of law in public choice theories and the emerging field of law and political economy, which often draw on historical legal precedents. However, legal history has yet to fully engage in this interdisciplinary dialogue.
Rechtsgeschichte – Legal History 32 (2024) now published 
The recent issue of our Institute’s journal Rechtsgeschichte – Legal History (Rg) presents high-level research contributions and candid reviews of books on topics that are relevant for the field of legal history, in Germany and worldwide. Three essays are dedicated to the legal history of slavery in the early modern and modern periods: Carlo Bersani traces the European legal discourse on servi and personae (16th–18th century). Matilde Cazzola looks at the efforts to abolish slavery in British Caribbean, and Tamar Herzog analyses some aspects of the historiography of the legal history of slavery, a field so far dominated by Atlantic history. The issue is now available in print from the Vittorio Klostermann publishing house, and online in Open Access via the journal's website.
A transatlantic history of ideas on crime and punishment
Volume 24 of the Global Perspectives on Legal History aims to contribute to the understanding of the development of knowledge on the ‘criminal question’ as it circulated to and from the Argentinian context between the late nineteenth and mid-twentieth centuries. Around 1880, new perspectives on crime and punishment, initially also based on ideas imported from European contexts (e.g. the ‘Positivist School’ in Italy), began to be discussed in Argentina; this challenged the fundamental arguments in the realm of criminal law. Emphasising how the transnational circulation of ideas contributed to this transformation, the collected articles analyse the dynamics of adaptation, rejection and interaction between the Global North and the Global South.

Film Screening with Director Lara Jacoski - Eskawatã Kaiwai

Sep 24, 2024 05:00 PM - 07:00 PM (Local Time Germany)
Turmcarrée, A601

Global Histories of Constitutionalism: Global Exchanges of Ideas and Entanglements, c. 1850s–1930s

Sep 26, 2024 10:00 AM (Local Time Germany) - Sep 27, 2024 04:00 PM
mpilhlt, Room: Vortragssaal (Z01)

The EU System of Judicial Protection: Between Original Intent and Subsequent Practice

Sep 27, 2024 10:00 AM - 11:30 AM (Local Time Germany)
mpihlt and online, Room: Z 02
Cover Rechtsgeschichte – Legal History 31 (2023)
Cover Studien zur Rechtstheorie – Band 001, Norberto Bobbio
Cover Global Perspectives on Legal History – Band 22, Seeking Capture, Resisting Seizure
Cover Studien zur europäischen Rechtsgeschichte - Band 346, Otto Hintze
Cover SSRN Paper 2023-13 - Dote / Dowry (DCH)
Cover Studien zur europäischen Rechtsgeschichte - Band 342, Michael Stolleis – zum Gedenken
Cover Max Planck Studies in Global Legal History of the Iberian Worlds - Band 4, The Production of Knowledge of Normativity in the Age of the Printing Press
Cover Studien zur europäischen Rechtsgeschichte - Band 337, Legal Pluralism and Social Change in Late Antiquity and the Middle Ages
Cover Global Perspectives on Legal History – Band 21, Law and Diversity
Go to Editor View