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Einleitung, Artikel 7, 8, 9 Und 11 Egbgb (German, Hardcover, Sonderausg. Aus J. V. Staudingers Kommentar Zum Burgerlichen Gesetzbuch., 10/11 Aufl. Egbgb., Teil 2 U. 3. Reprint 2020 ed.)
Gunther Beitzke, Helmut Coing, Karl Firsching, Friedrich Korkisch
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It is here examined to what extent the special rules of exegesis
which have been developed in legal science conform to the general
rules of hermeneutics, and how far the doctrines of legal exegesis
can be attributed to these general doctrines. Firstly, a general
view is given of the historical origin of the doctrines of legal
exegesis (in antiquity philological-gram matical exegesis, exegesis
according to the sententia of the exponent, as well as according to
the ratio legis; in modern times the systematic, historical and
sociological method of exegesis) and the main principles of general
hermeneutics are then developed. It can be shown that in fact the
rules of legal exegesis are only appli cations of general
hermeneutical rules. From this conformity results the fact that,
just as in general hermeneutics, so also in jurisprudence the
various interpretative points of view must be applied side by side
and, in accordance with a procedure that may be termed topical, one
must be weighed against the other. Legal exegesis thus results not
deductively but from a weighing of the various points of view one
against the other. What is peculiar to legal exegesis as opposed to
general exegesis consists nevertheless in the fact that legal
exegesis must of necessity achieve a just and practicable result."
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