Methodenlehre des gerichtlichen Erkenntnisverfahrens

Judicial proceedings that start with filing an action and end with a verdict are called »contentious proceedings« in procedural law, in contrast to enforcement proceedings. At the same time this term also illustrates the decisive theoretical perspective of this book: The questions: »How do the judges recognize the facts of the case?«, »How do they recognize the law?«, »How do they reach their verdict?« always and unavoidably deal with epistemological conditions and requirements for judicial verdicts. »The« truth and »the« law are not »found« by the judge. They are »constructed« in complex cognitive processes. For these processes it is necessary to determine the patterns of description and explanation, with which we can analyze them and within this context it is necessary to mention epistemology, cognitive sciences, linguistics, semiotics (pattern recognition), form of thought and sociological patterns of explanation, for example by Luhmann and Bourdieu. All cognitive processes that are relevant for a judicial decision are in principle objects of a methodology of judicial practice. The central theoretical perspective of this book is determined by the thought that method is to be understood as establishing coherence. By taking up the philosophical discussion about »coherence« and expanding on it, Hans-Joachim Strauch gains a sustainable theoretical approach, from which answers to questions about the »right decision« can be concluded.