Theorie der juristischen Argumentation

The subject of this study is the core problem of legal methodology. It can be formulated as a question, namely, whether jurisprudence has a canon of rules that allows for the verifiable control of legal decision-making processes. Today, there is essentially only agreement on the negative side, namely that the legal decision-making process, especially in problematic cases, is not only subject to law, precedent, dogmas and conventional legal methodology, but also to “extra-legal” or moral evaluations.