An Empire of Light? Ii: Learning and Lawmaking in Germany Today

42 Pages Posted: 15 Nov 2006

See all articles by Stefan Vogenauer

Stefan Vogenauer

Max Planck Institute for Legal History and Legal Theory

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Abstract

German law is commonly assumed to be strongly influenced by legal scholarship. This was certainly true in the past, and this article explores whether it is still the case today. But what is actually meant by 'influence' in the context of law? Who exerts it on whom, and how? These questions are analysed at the beginning of this article which builds up on a first part published in the Cambridge Law Journal in 2005. It is then shown, by drawing on biographical material, legislative history and case law, how legal scholarship contributes to both the legislative and the judicial lawmaking process in Germany - and where it does not. Finally it is asked how the specific relationship between legal academics and lawmakers in the German legal system can be explained and whether this model can be transferred to other systems.

Suggested Citation

Vogenauer, Stefan, An Empire of Light? Ii: Learning and Lawmaking in Germany Today. Oxford Journal of Legal Studies, Vol. 26, 2006, Oxford Legal Studies Research Paper No. 49/2006, Available at SSRN: https://ssrn.com/abstract=944543

Stefan Vogenauer (Contact Author)

Max Planck Institute for Legal History and Legal Theory ( email )

Hansaallee 41
Frankfurt am Main, 60323
Germany

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