Ideales Sollen

“A theory without subject, the theory of a phantom”, this is how the principles theory is criticised. Besides dogmatics of basic rights, this theory is applied in various fields of law because of its intuitive plausibility and analytical explanatory power to reconstruct balancing decisions. The objection mentioned is related to the norm-theoretical fundament of the principles theory, the distinction between rules and principles, and, therefore, represents one of the most important problems of the principles theory.
In this dissertation, a structure of principles is developed on the basis of the ideal ought solving problems of previous conceptions. Principles are interpreted as ideal obligated, value-related goals. Thus, a norm-theoretical basis of legal balancing processes is provided, and the norm-theoretical objections mentioned above are met.