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<p>Medical practice must comply with the law and conform to recognized medical standards. However, an overly expansive legal framework can lead to the development of social pathologies. In this context, juridicism entails rigidity and solidification of social behavior, as well as a&#xa0;retreat to formal legality in the structuring of interpersonal relationships solely with a&#xa0;view toward potential future judicial assessment. The theory of thought style and thought collective developed by the physician and epistemologist Ludwik Fleck gains particular significance when applied to this problem. It demonstrates that scientific facts are collective outcomes of sociocultural practices and historical experiences. Thought styles constitute conditionings of scientific thinking and action and are sustained by the collective of scientists—the thought-collective. This paper explores whether there exists a&#xa0;juridified medical thought style as a&#xa0;property of knowledge and whether there is a&#xa0;corresponding distinctive intellectual mood within the medical lifeworld. The findings indicate that a&#xa0;juridified thought style manifests both in the forms of representation of medical knowledge and in social acts of practice and speech in which it is performatively “rehearsed.” The legalized intellectual mood is characterized by the pursuit of legal certainty and by a&#xa0;safeguarding, rigid formalism. Looking ahead, it may be examined from epistemological and power-analytical perspectives whether and to what extent medical knowledge and thinking can be disciplinarily shaped by juridicism. To this end, it appears appropriate to analyze the interactions between medicine and law more differentially with regard to their epistemic consequences, including the role of expert witness practices.</p>

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Zur Prägung und Umformung ärztlichen Denkens durch Verrechtlichung

  • 期刊论文

  • 发表日期：

    2026年4月14日

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  • Herwig Peter Hofer,
  • Norbert Moser

摘要

Medical practice must comply with the law and conform to recognized medical standards. However, an overly expansive legal framework can lead to the development of social pathologies. In this context, juridicism entails rigidity and solidification of social behavior, as well as a retreat to formal legality in the structuring of interpersonal relationships solely with a view toward potential future judicial assessment. The theory of thought style and thought collective developed by the physician and epistemologist Ludwik Fleck gains particular significance when applied to this problem. It demonstrates that scientific facts are collective outcomes of sociocultural practices and historical experiences. Thought styles constitute conditionings of scientific thinking and action and are sustained by the collective of scientists—the thought-collective. This paper explores whether there exists a juridified medical thought style as a property of knowledge and whether there is a corresponding distinctive intellectual mood within the medical lifeworld. The findings indicate that a juridified thought style manifests both in the forms of representation of medical knowledge and in social acts of practice and speech in which it is performatively “rehearsed.” The legalized intellectual mood is characterized by the pursuit of legal certainty and by a safeguarding, rigid formalism. Looking ahead, it may be examined from epistemological and power-analytical perspectives whether and to what extent medical knowledge and thinking can be disciplinarily shaped by juridicism. To this end, it appears appropriate to analyze the interactions between medicine and law more differentially with regard to their epistemic consequences, including the role of expert witness practices.