ABSTRACT
This chapter discusses the changing role of the traditional legal doctrine (Rechtsdogmatik) from the perspective of the German-speaking jurisdictions. While (academic) Rechtsdogmatik traditionally played a comparatively important role in the court practice of said jurisdictions, it seems as if its influence has decreased in the recent past. The chapter suggests that the two main approaches of Rechtsdogmatik have always been “tradition” and “principled argumentation”, and that these two kinds of argumentation have become less convincing generally, that is, in society as a whole. Therefore, it seems as if Rechtsdogmatik has lost some of its potential to respond to a changing society, and therefore, became less relevant. Finally, the chapter briefly reflects on how legal doctrine could respond to this development.
