In the Spotlight

Background and substance: More about the Institute and our current research projects.

Animals in the Law: Where is discourse on non-human legal subjects heading?

For over 50 years, the animal rights movement has been advocating a change in the relationship between humans and animals. In the humanities and social sciences, an “animal turn” has been proclaimed. There is now also growing interest in the question of how animals should be legally treated and whether they are entitled to their own rights. “While constitutional rights for animals have been in the foreground up to now, it is precisely private law that has a long tradition of gradually emancipating new legal subjects and of giving them an individual and autonomous character,” says Felix Aiwanger, research fellow at the Institute. more

Newly created legal forms in company law

Corporate forms are the essence of company law. They not only shape ideas in business practice but also determine the composition of textbooks. For much of the 20th century, the established canon of rules regarding partnerships and corporate forms remained virtually unchanged. This long phase of “legislative calm” lasted until the end of the 1970s. “In the past five decades, we have witnessed an enormous dynamic of development”, says Institute Director Holger Fleischer. more

Bodily Self-Determination: A Graduated Right

In her new book, director at the Institute Anne Röthel traces the development of the right to bodily self-determination into a more generalized body of law over the course of the 20th century, only to observe its current state of incompletion. Her analysis addresses the situation of three categories of persons whose right to bodily self-determination remains distinct from that of “normal” adults: persons receiving medical care, children, and persons without full legal capacity. more

Scholarship in Pictures and History

The Young Academy Fellows of the Academy of Sciences and Humanities in Hamburg have for a number of years been using science comics to present their topics of research. Katharina Isabel Schmidt, Research Fellow at the Institute and Young Academy Fellow, has authored a comic together with artist Hannah Brinkmann. With a handful of words and powerful images, they tell the story of a historical court case in France that remains thought-provoking today. “The little bread thief on trial” illustrates the conflict between written law and lived justice, a conflict which is at the heart of modern legal philosophy. more

Open access to private international law cases

Since it was founded, the Institute has been publishing Die deutsche Rechtsprechung auf dem Gebiete des Internationalen Privatrechts (IPRspr) [German cases in private international law]. The IPRspr appeared in print until 2022. It has now been released as an open access database. more

From Corporate Governance to LGBTQ+: What does research on Japanese law focus on?

Western perceptions of Japan often revolve around the country’s history of technological innovation, its strong export economy, or cultural elements holding fascination. Yet in terms of the comparative insights that Japanese law offers, little is known – even among lawyers. “There are many reasons to study Japanese law,” says Ruth Effinowicz, Head of the Institute’s Centre of Expertise on Japan. “And one’s view of Japan should not be guided solely by the – sometimes presumed – otherness of Japanese culture and society.” more

Social Entrepreneurship as a Model for the Future: Legal assessment of a new economic sector

Addressing social challenges with entrepreneurial means has become a global trend. Especially among the younger generation of founders, a combined focus on the common good and earning profits is seen as a desirable organizational model. However, the legal framework underlying such endeavours is still poorly developed. A project led by Institute Director Holger Fleischer is exploring this subject from an interdisciplinary perspective. more

Sustainability and Individual Liberty

What role for private law and PIL? The principles of individual liberty and economic growth were fundamental to the development of modern private law in the nineteenth century. Today, however, with the climate crisis and loss of biodiversity looming, it looks untenable to keep chasing quantitively-measured growth that depends on unlimited exploitation of resources. “It’s time for a re-evaluation in private law”, Ralf Michaels, director at the Institute, says. more

Academic Publishing in Transition: Open science through open access

Academic publishing and the use of academic literature are in the midst of a profound process of change. In accord with the new core principles, the results of publicly funded research should be freely accessible and participation in global academic discourse should not be dependent on having the necessary financial resources. Open access is a first and essential step towards an open science conception and structure of academic practice – and it is a model also guiding the Institute’s approach towards publication. more

Ceremonial inauguration of Anne Röthel

Anne Röthel, former holder of the Chair of Civil Law, European and Private International Law at Bucerius Law School, was appointed as Director of the Institute as of 1 January 2024. On the occasion of her induction on 18 April 2024, she presented her research agenda in her inaugural lecture. (video available) more

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