Doctrine

In civil-law systems, including Switzerland, legal doctrine means the writings and systematic views of scholars and practitioners: commentaries, treatises, articles, expert opinions and textbooks. Doctrine is generally not a formal source of law, but it strongly shapes interpretation, identifies principles, criticises case law and assists legislative reform. Courts may rely on doctrinal arguments, especially where statutes are open, case law is unsettled or comparative reasoning matters. In common-law usage, “doctrine” can also mean a recognised legal rule or line of cases, so the term must be read in context.