rechtsanalyse

Rechtsanalyse refers to the systematic examination and interpretation of legal rules, authorities, and the relationships between them in order to determine legal meaning, application, and normative justification. The term is used in German-language legal scholarship and practice to denote the analytical work that underpins legal argumentation and decision making.

The typical approach of Rechtsanalyse includes several steps: identifying the legal issues at stake, locating relevant norms from statutes, regulations, constitutional provisions, and case law, and extracting the controlling rules. It then involves interpreting texts through grammatical, historical, and purposive (teleological) methods, assessing how authorities have applied the rules in comparable situations, and evaluating possible implications for rights and obligations. Finally, the analyst weighs counterarguments, policy considerations, and practical consequences to reach a reasoned conclusion.

Rechtsanalyse is closely related to, yet distinct from, Rechtsauslegung (interpretation) and Rechtsanwendung (application). It is a core activity in jurisprudence, legal methodology, contract drafting, and policy analysis, and it often informs courtroom advocacy, academic writing, and legislative reform. Related fields include Rechtsphilosophie (legal philosophy), hermeneutics, and comparative law, which provide broader frameworks for understanding interpretation and normative justification.

Limitations of Rechtsanalyse include dependence on the chosen interpretive framework, potential biases in authorities consulted, and the incompleteness of legal texts. As a methodological practice, it aims for transparent reasoning and justification of conclusions about legal rights, duties, and legal outcomes.