Das mag in der Theorie richtig sein ...

Countering the widespread antitheoretical affect, Matthias Jestaedt shows the benefits of a sceptical and realistic theory of law, not only for juridical dogmatics but also for legal practice, and distinguishes between the autonomy of the law and the autonomy of juridical science. He demonstrates that the confusion in the rationality of the law and juridical science, which is customary today, is responsible for an understanding and a practice of juridical science which does not maintain a disciplinary identity compared to related sciences and which, in comparison with the practice of law-making, is not limited to the informatory role of a science. In contrast to this, the author is in favour of a legal methodology which respects the contextual commitment and the contingency, the normativity and the positivity of the law.