Stasis und Wandel der Rechtsdogmatik

Legal dogmatics and legal theory must be seen as two separate discourses of law-related communication today. However they are in general cut off from one another. This prevents the necessary evolution of the theoretical foundations of today's legal dogmatics, which is still based essentially on 19th century philosophical and theoretical assumptions, thus making it almost impossible to find an adequate legal solution to the problems of today's differentiated society. According to Markus Pöcker, the reason for the current isolation of dogmatics is the rigidity of its communication structure, which is based on its theoretical foundations. He shows that an opening up of dogmatics to theory in the sense of a discourse which connects both elements can only occur if this communication routine is changed, meaning that the change has to come from within.