Gesetzesauslegung in den USA und in Deutschland

In the first part of this study, Patrick Melin describes the modern debate on statutory interpretation in the United States, notably the rise of the so-called 'new textualism', examines its historical roots and political implications and compares the theory and practice of statutory interpretation in the United States with that prevalent in the German legal system.
The second part is concerned with the interpretation of international uniform law. The success of unified law is put into question if the national courts applying the law use different approaches to statutory interpretation influenced by their respective legal traditions. Using the CISG as an example, the author develops an autonomous theory of interpretation specifically adapted to international uniform law and examines to what degree courts in the U.S. and in Germany have followed such a theory and been able to avoid a 'homeward-trend' in applying the CISG.