Now published: Möllers, Legal Methodology
(...) Law is becoming increasingly complex. The legal solution is challenging when a contentious legal issue cannot be derived directly from the law or previous case law. It is therefore essential to have a command of the legal doctrine and methodology. A modern legal methodology does not stop at the classical figures of interpretation. It moves in the context of legislation, permissible judicial law and the European multi-level system. For this purpose, the most important figures of argumentation are described, which are also used by the judiciary in its judgments. The practitioner of law is thus enabled to develop solutions to a hitherto unsolved legal problem step by step in such a way that he can convince the other party of the substance of his legal argumentation - even in the event of a dispute.
Themes are addressed in a multidisciplinary and legal-dogmatic context:
■ the sources of law,,
■ the classical and modern figures of interpretation,,
■ the influence of the Constitution and European law as higher-ranking law,
■ the demanding concretisation of law, such as dealing with general clauses, the law of judges and legal principles,
■ the determination of the limits of permissible further development of the law,
■ a sequence of tests of the relevant argumentation figures and
■ the hermeneutics of facts that are so relevant to practice.
The work is aimed at students and trainee lawyers as well as judges, lawyers and administrative lawyers and all those interested in the fundamentals of our legal system.
Publisher C.H. Beck; ISBN 978-3-406-71626-3;
Price 49,00 Euro.