The German Gutachtenstil (Report on Law) and its Historical Roots

Perez Ragone A.; Liendo Tagle F. · Revista de Estudios Historico-Juridicos (2024) · DOI: 10.4151/issn.07176260-num.46-fulltext.1300

Resumen

The article presents the most relevant historical, conceptual and philosophical influences in the historical configuration of the German-style report (Gutachtenstil) or legal opinion as a method for learning and reasoning about Law. The starting point is the following hypothesis: the German method would contain common elements (i) to the Socratic method and Aristotelian contributions (common to teaching in the Common Law system), based on cases; but also (ii) the German particularity would add a plus, since it not only deals with the solution to a problem/case, but also (as a presupposition of that) proposes a clear method to follow in the formative iter of the solution that has roots in the Cartesian method. Some historical milestones or central elements that interest the topic from the Middle Ages to the present are covered: the inheritance of Aristotelianism in thought and pedagogy, the rise of universities and the centrality of scholasticism, the appearance of rationalism and Cartesian method. The article concludes with a summary of the German style of law reporting today, examining its structure, requirements and potential, both academic and professional.

Instituciones: Pontificia Universidad Católica del Perú