Law and Nature
The project aims to research a cross-legal theoretical approach that considers human beings with regard to their needs, but also as a dependent part of the surrounding nature, and places them at the center of the study of law. It aims to test the viability of a new methodological approach in law ("law and nature") and to formulate the first elements of this approach. The proposed approach is to be well based in theory and feasible.
The aim of this project by Prof. Dr. Nils Schaks is to find out whether a new legal research discipline "law and nature" can be developed comparable to approaches such as "law and economics". The project is intended to be the beginning and first step in exploring this new theoretical approach to "law and nature".
Which state of nature is necessary and desirable cannot be determined and ascertained by law. Here, law can only adopt goals determined on the basis of other disciplines as a guideline. However, the dominant jurisprudential method of legal dogmatics is characterized by an absence of interdisciplinarity. For this reason, it will be examined whether and how a nature- or environment-oriented method of interpretation can be introduced into dogmatics in order to make the new theoretical approach effective in practice.