Methodenlehre und System des Rechts

Once again, Jan Schapp provides access to a number of his essays on legal methodology written between 1992 and 2007, which establish a new basis for legal methodology. He no longer focuses on the general criteria for the interpretation of a law, but rather on the relationship between the case, the law and the judicial decision. He sees the law and the judge's verdict as a ruling on conflicts in an assumed reality of life. This ruling is done on the basis of the theory of claims which develops into a system of civil law. Public law, with new problems, is added to this. Thus the author provides a methodology which can be understood as a concept for teaching and studying law. No longer in a peripheral position, methodology becomes the focal point of the law and jurisprudence.