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Die Sprachen der Staatsrechtslehre – jenseits der Dogmatik
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Dogmatics (Dogmatik) is the dominant mode of communication in German-language legal scholarship. But does it need other 'languages' to communicate beyond the application of the law and explore the legal world in all its aspects?
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31 August 2026
Dogmatics constitutes the characteristic mode of communication in German(-language) legal scholarship in general and in constitutional law scholarship in particular. Its strength lies in its focus on the needs of legal practice. Yet this practical orientation comes at a price, as it more or less inevitably leads to the exclusion, reduction, or neglect of non-dogmatic approaches to understanding the law. Against this background, the question arises whether legal scholarship in general and constitutional law scholarship in particular possess - and require - additional disciplinary "languages" beyond the classical foundational disciplines of legal history, legal philosophy, and legal sociology in order to communicate beyond the sphere of legal application and to adequately grasp the legal world more broadly.
Particular attention should be paid here to constitutional theory, which, while clearly connected to (constitutional) dogmatics, cannot be reduced to it but instead points beyond it. In this way, constitutional theory could serve as a mediator between dogmatics and the classical foundational disciplines. The French example likewise helps to illuminate both the strengths of the "language model" of German(-language) constitutional law scholarship and its need for supplementation.
Price: £19.40
Pages: 100
Publisher: Mohr Siebeck
Imprint: Mohr Siebeck
Series: Fundamenta Juris Publici
Publication Date:
31 August 2026
ISBN: 9783162007810
Format: Paperback
BISACs:
LAW / Administrative Law & Regulatory Practice, Constitution, Methods, theory and philosophy of law, Constitution: government and the state
Andreas Voßkuhle (Kommentare von) is a former judge, Vice-President (2008-2010) and President (2010-2020) of the Federal Constitutional Court and Professor of Public Law at the Albert-Ludwigs-University of Freiburg.Aurore Gaillet (Kommentare von) is Professor of Public Law at Université Toulouse I Capitole.Fabian Michl (Von (Autor)) was 2021-26 Junior Professor of Public Law and the Law of Politics at Leipzig University and is since 2026 Professor of Public Law at the Albert Ludwig University of Freiburg.
Fabian Michl: Die Sprachen der Staatsrechtslehre - jenseits der Dogmatik - Andreas Voßkuhle: Kommentar zu Fabian Michl, Die Sprachen der Staatsrechtlehre - jenseits der Dogmatik - Aurore Gaillet: Kommentar zu Fabian Michl, Die Sprachen der Staatsrechtlehre - jenseits der Dogmatik