|E-Mail:||Kent.Lerch [at] online.de|
Kent D. Lerch studied Law, History and Philosophy at the University of Frankfurt/Main and at the Queens’ College in the University of Cambridge. He passed the First and Second State Examination in Law with honours and has received a Diploma in Legal Studies from the University of Cambridge and a Doctorate in Law from the University of Frankfurt/Main. He was the Research Coordinator of the Interdisciplinary Research Group Language and Law at the Berlin-Brandenburg Academy of Sciences and Humanities and Senior Research Fellow at the Max-Planck-Institute of European Legal History in Frankfurt/Main.
Comparative Law (especially English Law, European Law, Lex Mercatoria)
Legal History (especially English Legal History, Economic Legal History, History of Legal Methods)
Legal Theory (especially Law and Language, Law as Hypertext, Legal Methodology)
German and International Private Law (especially Law of Contract, Standard Clauses, Insurance Law)
The case is one of the central categories of the law. Lawyers study, argue and decide cases; cases permeate every aspect of law. However, while the common law has recognized case law to be the chief source of law, continental law has never developed a theory of the case. This is mainly due to the classical focus on statute law and the corresponding neglect of judicial procedure. My work as a fellow will concentrate on the conceptualization of a theory of the case which will have to take into account not only how the knowledge of earlier cases and of the case method enables professionals to deal efficiently with cases, but also how cases are used to gain new professional knowledge and how rules and principles can be derived from a multitude of diverse decisions.