How to write the history of legal method? A commentary on Jan Schröder
Jan Schröder's Recht als Wissenschaft first appeared in 2001 and has since established itself as the standard work on the history of legal methodology. The third edition of 2020 extends his analysis from early modern topical jurisprudence to the Federal Republic — a panorama spanning more than five centuries.
Established works invite scrutiny. The commentary volume now published, edited by Marietta Auer and Stefan Vogenauer together with Ralf Seinecke, asks the questions any standard work must be willing to face: Do the periodisations hold? Does the narrative carry? What drops out of view when the history of legal method is told this way rather than another?
Ten essays pursue these questions. Miloš Vec argues that Schröder's account is not the politically neutral story it might appear. Daniel Damler analyses the formal architecture of the work. Arndt Kiehnle asks what the history of methodology still has to say to contemporary legal doctrine. The remaining contributions work through Schröder's periods step by step — from early modern legal science through the nineteenth century to the Nazi state, the GDR and West Germany. Jan Schröder himself has the last word, replying to his critics.
The volume also collects the complete review history of the work. Those wishing to understand how this book has been read, praised and contested will find the material here.