Rechtsdogmatik

Rechtsdogmatik, in the German-speaking legal tradition, denotes the doctrine and method of theoretic legal science dedicated to systematizing and interpreting the law. It aims to present a coherent and overarching normative order by analyzing legal texts, concepts, and case law, and by articulating rules that guide application.

The central task of Rechtsdogmatik is to derive and justify rules within the existing legal order, rather than to advocate policy preferences. It provides the doctrinal foundations that judges, lawyers, and civil servants rely on when solving concrete cases and articulating legal interpretations. It distinguishes itself from legal philosophy or sociology of law by focusing on the normative system of law itself and its internal coherence.

Methodologically, Rechtsdogmatik combines systematic organization of legal norms with interpretation and deduction. Key techniques include structuring the legal system, clarifying concept definitions (such as Vertrag, Schuld, Rechtsgeschäft), and applying hermeneutic and teleological methods to texts and jurisprudence. The aim is to produce propositions that are consistent with the hierarchy of norms and with established interpretations, while remaining open to refinement through doctrinal debate and court rulings.

Legal sources for Rechtsdogmatik include primary norms (constitutional provisions, statutory texts, and regulations) and secondary literature (commentaries and case law). The practice rests on producing doctrinal statements that illuminate how norms apply and interact, and on describing the coherent system of rules rather than adjudicating every new instance in isolation.

Historically, Rechtsdogmatik emerged in the 19th century as the dominant mode of legal science in German-speaking jurisdictions, evolving within the codifications and courts of civil law. Today, it remains a foundational element of legal education and professional training, even as contemporary jurisprudence incorporates plural methods such as comparative law, law and economics, and normative theory.