clm at Bremen

law is social infrastructure, it exists because and insofar human society - understood as the living together of humans-exists 

ubi societas, ibi et ius

where is society should be law

dependable pair 

embedded in society, product of social norms practiced in society- society influences norms 

different theories 

Rousseau: from law of the jungle to  social contract ; societal given rules, state of 

mutual cooperation 

war of all against all 

society should subordinate under power monopoly the state 

idea. people are among each other-not good

primarily

law serves to prevent and solve conflicts among members of society 

law provides guidelines 

on the good and beneficial behavior of individuals forming part of society 

a model that exists beside between law and society 

law to protect weaker party 

case: daughter takes family surety 

father dies and leaves debts 

social answer: human dignity 

daughter can't be declared responsible and left with nothing 

social protection may backfire: e.g USA doctors have to pay huge mandatory insurance which is very expensive thus they have high treatment costs- not for poor people 

law just intervenes when an obvious failure took place 

mostly liberal but in some cases the state intervenes 

surety case: daughter had to be better informed 

law just as object 

since elucidation. reciprocal justice 

law as object as obligation to fulfill contracts 

no tolerance e.g reasons why breach of contracts 

law as infrastructure for legal activity-market function

case answer: daughter has to pay: contract is contract  

enlightment, elucidation, grand revolution 

1648 thirty years war

secularization

peace of Westphalia 

modern nation states-transition from personal to territorial application 

states characterized by rule of law

legal rules govern social fields-private and public law

internet and technologies; algoritmics may replace legal services 

smart contracts with self performing remedies 

automatic conclusion 

e.g logical if-then contracts 

choc bar machine

financial and insurance sector 

weniger miete.de 

1 areas of law

2 legal systems 

3 methods of comparative law - functional method as basis