Doctrine
From Common law (a rule) and civil law (scholarly writing)
Basic ideas
What it means
In English, a doctrine is a legal principle, such as the doctrine of precedent or of estoppel. In French, German and Spanish legal writing, 'la doctrine', 'die Lehre' and 'la doctrina' mean the writings of legal scholars as a source that influences how courts decide.
Why it travels badly
A reader of English who meets 'doctrine' thinks of a rule. A reader of French thinks of the professors. The English word 'doctrine' and the French word 'doctrine' look identical but point to different things: a rule that a court applies, and the opinion of scholars.
How other systems say it
la doctrine
Scholarly commentary, such as notes on court decisions. It is not binding but is widely cited and followed.
herrschende Meinung and Lehre
The 'prevailing opinion' of scholars is often as important to an argument as a court decision.
doctrina and doctrina jurisprudencial
'Doctrina' is scholarly writing. 'Doctrina jurisprudencial' is the settled case law of the Supreme Court, which the Civil Code says supplements the legal order.
doctrine (a principle)
A rule or principle developed in the case law. The word has nothing to do with academic opinion.
Tip for translators and students
When translating from French or German, render 'doctrine' as 'legal scholarship' or 'academic writing', not 'doctrine'.
Related: Jurisprudence, Stare decisis and jurisprudence constante
Updated October 2026. Spotted a mistake? Tell us.
TheLawToKnow Tools’s glossary is an educational overview of the main differences between legal systems. It is not legal advice.
