Legitimacy and Limits of Self-regulation in Germany

I. Introduction | II. The Contract – the Basic Concept of Self-regulation in Private Law | III. General Terms and Conditions – a Combination of Contract and Norm | 1. The Failure of the Contract Mechanism: Justice is no Longer Established by Procedure | 2. The Consequence: Material Justice Established by State Control | 3. The Legitimacy of Self-created Law in General and Especially of Standard Terms | 4. The Example of Sports Rules as a Kind of Standard Terms | IV. Statutes as an Expression of Private Power based on the Example of Sports Associations | 1. Statutes – or: the Domination of the Association Over its Members | 2. Autonomy for the Sport? | 3. Legitimacy of Self-created Law Through Democratic Rules? | 4. Conclusion | V. The Concept of “Rough Consensus and Running Code” – a Kind of Customary Law | 1. The Recourse of Statutory Law to Rules Formulated by Private Associations | 2. Procedural Requirements for “Good” and “Fair” Self-regulation | VI. Concluding Remarks