Structured problem-solving: against the 'step-by-step' method

Abstract

Recently a German professor has advocated the adoption in this country of the German style of legal problem solving. Occasionally a German author attempts to civilise the common-law world using what is put forward as a more rational approach. But with such endeavours is usually associated a certain lack of self-critical reflection. In this instance an Australian author is able to draw on his studies in Germany to rectify the omission. He shows that the problem-solving method in question conveys a false picture of the nature of legal problem solving and of the law itself, while not possessing the advantages claimed for it.