Fifth edition of the "Juristische Methodenlehre"
(...) The textbook enables lawyers to develop solutions to previously unsolved legal problems step by step in such a way that they convince the other side of the substance of the legal argumentation, even in the event of a dispute. The following topics are discussed in an interdisciplinary and legal-dogmatic context
- the sources of law
- the classical and modern figures of interpretation
- the influence of the constitution and European law as higher-ranking law
- the sophisticated concretization of law
- the determination of the limits of permissible legal development
- the factual hermeneutics so relevant to practice
Advantages at a glance
- Combination of classical and modern methodology
- Lively presentation with numerous examples from literature and case law
- In-depth cases to think along with
About the new edition
With the 5th edition, the work is available for the first time in Beck's online database in order to facilitate access for practitioners. Among other things, explanations on constitutional procedural principles, the courts' style of reasoning, meta-methodology and the claim to justice (§ 1), on expiry clauses, experimental laws and the acceptance of laws (§ 2), on the law of judges (§ 3) have been expanded, on the history of the law (§ 4), on economic analysis (§ 5), on simple forms of legal development (§ 6), on comparative law (§ 7) and legal dogmatics (§ 9), on the reservation of rights (§ 13), on factual hermeneutics, on legal innovation and on legal thinking (§ 14).
Numerous recent decisions have been taken into account, such as the climate protection decision of the BVerfG (§§ 1, 2, 10, 14) or the ruling of the US Supreme Court on abortion (§§ 1, 6, 7, 13)
XLVII, 643 pages
Published by C.H. Beck, ISBN 978-3-406-80273-7
"(...) Conclusion: A truly great textbook of legal methodology
in a modern format, which sets standards both for education and
and practice, because it goes far beyond classical (interpretation)
goes far beyond classical (interpretation) methodology and
includes all major methodological questions. What would the
say on the capital market? A clear buy!"
Professor Dr. Hanno Merkt, Freiburg, in: NZG 20/2018, 779 f. on the 1st edition