Stanford-Hamburg Conference on Historical Trajectories in Foundations of Law from the 12th to 20th Century

The question of the basis and origin of law received very different answers in the 12th to 20th centuries. Starting with medieval Christian natural law, there were various different theoretical approaches in the 17th and 18th centuries that were based on natural law and rationalism. This optimistic era, which led to the first modern codifications, was followed by a sharp departure in the late 19th and early 20th century towards positivism, which was based on epistemological skepticism. After the catastrophe of the Second World War, natural law thinking experienced a renaissance in Germany but the mood tilted towards a pragmatic positivism and a remarkable disinterest in the foundations of law at the end of the 20th century. In the common-law world, a variety of approaches were developed, pitting positivism against interpretivist approaches focused more immediately on moral and social consequences. The resulting differences between common law and, in particular, German legal thinking, is evident not least from the very different approaches taken to legal education.

This conference will shed light on the various factors that explain these developments in legal thought, as well as their consequences—looking both at the law in the books and the law in action. At a moment when the post-war foundations of liberal democratic regimes in the West are under severe challenge from both ends of the political spectrum, this conference provides a timely opportunity to revisit the core question of how we justify and explain legal authority.

Hosts:
Prof. Dr. Matthias Armgardt, University of Hamburg
Prof. Dr. Amalia D. Kessler, Stanford Law School
Prof. Dr. Saskia Lettmaier, University of Hamburg

Date:	March 23-24, 2026
Location:	Monday, March 23:	to be announced
	Tuesday, March 24:	to be announced
Contact:	Chaofeng Chen