Cover of: Methoden der Wissensgenerierung im Gesetz
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
DOI 10.1628/aoer-2025-0004
Published in German.
  • article PDF
  • available
  • 10.1628/aoer-2025-0004
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.