
Contents
-
-
-
-
-
-
-
-
-
-
-
1. A Note on the Structure of German Federal Jurisdictions 1. A Note on the Structure of German Federal Jurisdictions
-
2. The Doctrine 2. The Doctrine
-
2.1. The Comparative Law Debate 2.1. The Comparative Law Debate
-
a) Zweigert’s Swiss Inspiration a) Zweigert’s Swiss Inspiration
-
b) The Orientation and the Control Function b) The Orientation and the Control Function
-
c) The Doctrinal Advent of Public Law Comparisons c) The Doctrinal Advent of Public Law Comparisons
-
-
2.2. The General Rechtsdogmatik 2.2. The General Rechtsdogmatik
-
a) Savigny and the Traditional Canons a) Savigny and the Traditional Canons
-
b) The Free Law Critique b) The Free Law Critique
-
c) The Current Streams: The Appreciation of the Legislative Valuations c) The Current Streams: The Appreciation of the Legislative Valuations
-
d) Whose Intent? d) Whose Intent?
-
e) Comparative Reasoning: The Entry Points e) Comparative Reasoning: The Entry Points
-
-
-
3. Judicial Views 3. Judicial Views
-
3.1. The Judicial Forum 3.1. The Judicial Forum
-
3.2. Extra-judicial Fora 3.2. Extra-judicial Fora
-
-
4. The Practice 4. The Practice
-
4.1. Bundesverfassungsgericht 4.1. Bundesverfassungsgericht
-
4.2. Bundesgerichtshof 4.2. Bundesgerichtshof
-
4.3. Bundesverwaltungsgericht 4.3. Bundesverwaltungsgericht
-
-
5. The Overall Picture: The Pre-eminence of Scholarly Comparisons 5. The Overall Picture: The Pre-eminence of Scholarly Comparisons
-
-
-
-
-
-
-
-
-
-
Cite
Abstract
The chapter deals with Germany. Although the German legal tradition is relatively open to non-mandatory legal inspiration, the sources of such inspiration are nonetheless generally limited to sources of national origin. The practice of three of the supreme federal jurisdictions, the Federal Constitutional Court, the Federal Supreme Court, and the Federal Administrative Court, discloses only sporadic passing references to foreign inspiration, typically within a larger block of citations of domestic case law or scholarship. References to foreign solutions serve as an additional supportive argument. In the German context, however, the limited quantity of direct uses of foreign law by courts should be weighed against the relatively rich comparative law scholarship.
Sign in
Personal account
- Sign in with email/username & password
- Get email alerts
- Save searches
- Purchase content
- Activate your purchase/trial code
- Add your ORCID iD
Purchase
Our books are available by subscription or purchase to libraries and institutions.
Purchasing informationMonth: | Total Views: |
---|---|
December 2022 | 3 |
January 2023 | 2 |
February 2023 | 2 |
March 2023 | 5 |
April 2023 | 4 |
May 2023 | 1 |
June 2023 | 2 |
July 2023 | 3 |
August 2023 | 3 |
October 2023 | 2 |
December 2023 | 1 |
January 2024 | 2 |
March 2024 | 1 |
April 2024 | 2 |
May 2024 | 2 |
July 2024 | 5 |
August 2024 | 3 |
October 2024 | 5 |
November 2024 | 1 |
December 2024 | 1 |
January 2025 | 2 |
March 2025 | 4 |
Get help with access
Institutional access
Access to content on Oxford Academic is often provided through institutional subscriptions and purchases. If you are a member of an institution with an active account, you may be able to access content in one of the following ways:
IP based access
Typically, access is provided across an institutional network to a range of IP addresses. This authentication occurs automatically, and it is not possible to sign out of an IP authenticated account.
Sign in through your institution
Choose this option to get remote access when outside your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution’s website and Oxford Academic.
If your institution is not listed or you cannot sign in to your institution’s website, please contact your librarian or administrator.
Sign in with a library card
Enter your library card number to sign in. If you cannot sign in, please contact your librarian.
Society Members
Society member access to a journal is achieved in one of the following ways:
Sign in through society site
Many societies offer single sign-on between the society website and Oxford Academic. If you see ‘Sign in through society site’ in the sign in pane within a journal:
If you do not have a society account or have forgotten your username or password, please contact your society.
Sign in using a personal account
Some societies use Oxford Academic personal accounts to provide access to their members. See below.
Personal account
A personal account can be used to get email alerts, save searches, purchase content, and activate subscriptions.
Some societies use Oxford Academic personal accounts to provide access to their members.
Viewing your signed in accounts
Click the account icon in the top right to:
Signed in but can't access content
Oxford Academic is home to a wide variety of products. The institutional subscription may not cover the content that you are trying to access. If you believe you should have access to that content, please contact your librarian.
Institutional account management
For librarians and administrators, your personal account also provides access to institutional account management. Here you will find options to view and activate subscriptions, manage institutional settings and access options, access usage statistics, and more.