Das Bundessozialgericht als Tatsacheninstanz

This work shows how the highest federal courts, in particular the Federal Social Court (BSG), establish scientific findings as so-called general facts or similar types of general facts and incorporate them into the application of law. In doing so, it reveals the tense relationship between legal norms and social realities and a related procedural and constitutional issue. The topic is examined from a legal theory perspective on the one hand, and on the other hand, case law, in particular the case law of the BSG on the off-label use of drugs, is analyzed. The results are significant for both legal scholarship and legal practice.