The Dispute of Opinions

German law students learn to write exam answers in a fixed form. Where legal scholars disagree on a question, the answer sets out the Meinungsstreit, the dispute of opinions. First the individual opinions are presented, and the case is tested against each of them. If they lead to different results, the student must decide the dispute, with arguments for and against each opinion. A guide in a legal training journal warns: Auslegung meint Auslegung und nicht das Niederschreiben auswendig gelernter Meinungsstreitigkeiten. Interpretation means interpretation, not writing down disputes learned by heart.

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