Systematics (law)

from Wikipedia, the free encyclopedia

The legal system is a branch of jurisprudence .

Your task is to structure and delimit the individual legal areas as a basis for the application of the law with the aim of developing a consistent context of rules and meanings of the individual legal norms and the legal system as a whole. Within the individual areas of law, laws and legal institutions , the systematic interpretation searches for the legal- logical connections of the individual regulations and their legally relevant content.

Legal systematics is an essential feature of the rationality of modern law in the sense of Max Weber as well as ideologically neutral secular norms.

Before a draft law is submitted to the Federal Government for resolution, it must be submitted to the Federal Ministry of Justice for examination in terms of the legal system and the legal form (legal examination) (Section 46 GGO ). The legal review serves to make federal law consistent and as clear as possible.

literature

  • Bernhard Jakl: Basic structures of civil law. 8 cases on argumentation, methodology and contexts of valuation , Vahlen 2014, ISBN 978-3-8006-4755-2 .

Individual evidence

  1. ^ Carl Creifelds: Legal dictionary , 21st edition. 2014, ISBN 978-3-406-63871-8 .
  2. cf. For example, Jochen Zimmermann: Legal systematic considerations on the approach of the claims provision in the commercial and tax balance sheet , Journal for the entire insurance science 1991, pp. 337–354.
  3. ^ Ludwig Siep , Thomas Gutmann, Bernhard Jakl, Michael Städtler (eds.): From the religious to the secular justification of state norms. On the relationship between religion and politics in modern philosophy and in contemporary legal system issues. Mohr Siebeck, 2012, ISBN 978-3-16-150642-0 .
  4. Federal Ministry of Justice and Consumer Protection : Legal review as of November 4, 2015