Introduction to German Legal Methods

This book is a translation of Reinhold Zippelius' Juristische Methodenlehre, (Munich, C.H. Beck, tenth edition, 2006). The approach of the original German-language volume is to engage civil law students in the processes by which one learns the law and reasons in the law -- thus, the title of Zippelius' work in English could easily be "Thinking Like a German Lawyer."This volume was chosen because of its wide influence in Germany and the fact that it provides not only intellectual insight in comparative legal systems, but also equips the practitioner to understand how the civil lawyer sitting across the table understands law -- the insider comparativism that is the basis for the entire series.

Kirk Junker is a professor at Duquesne University Law School.

Works Cited
Concept and Function of the Law	p. 3
The Law as a Body of Precepts	p. 4
The Law as "Law in Action"	p. 10
The Law as a Solution to Questions of Justice	p. 13
Laws as Objectified Regulation	p. 26
Structure and Context of Legal Rules	p. 39
The Facts of the Case and the Legal Consequence	p. 39
"Basic Factual Requisites" and Supplementary Provisions	p. 43
Conflicts between Legal Norms	p. 50
Interpreting, Supplementing, and Correcting Statutes	p. 59
The "Classical" Interpretive Criteria	p. 59
A Verbal Starting Point, and the Range of a Statute's Interpretation	p. 62
The Argumentative Determination of the "Appropriate" Word Meaning	p. 66
Supplementing and Correcting Statutes	p. 88
Comparing Cases by Type	p. 98
Effectiveness and Legitimacy of Continued Legal Development	p. 107
Application of Legal Norms	p. 117
Finding the "Relevant" Legal Norm	p. 117
The "Question of Fact"	p. 122
Subsumption and Room for Interpretation	p. 130
Discretionary Decisions	p. 137
Logical Formalization and Data Processing in the Law	p. 145
Logical Formalization in the Law	p. 145
Electronic Data Processing in the Law	p. 150
Index	p. 155
Table of Contents provided by Blackwell. All Rights Reserved.

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Introduction to German Legal Methods

Summary

Author Biography

Table of Contents

Supplemental Materials