Klaus Ferdinand Gärditz
Methoden der Wissensgenerierung im Gesetz
Section: Abhandlungen - Epistemisierung des Gesetzes -
Volume 150 (2025) /
Issue 1,
pp. 36-62
(27)
Published 28.02.2025
Published in German.
- article PDF
- available
- 10.1628/aoer-2025-0004
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Summary
The article underscores Democracy's dependency on the possibility of free decisionmaking. Political power is based on opinions, not truths. But there remains a field of tension if we understand the democratic constitutional state as a rational project in need of rationalization to make self-determination feasible. It follows that legislation, understood as the exercise of power by a regulating majority, must operate with reliable knowledge. The article follows its way from its legislative generation into its incorporation into law.