Let me try to rephrase:
Yes, I argue that e.g. judges pass judgments not only on the basis or higher-ranking law and “good arguments” alone, but are also influenced by other factors (i think that’s not a really controversial statement).
This means that legal scholars who look at the judgment purely with the instrument of doctrinal scholarship (i.e., hermeneutics) may ignore some of the factors that shaped the judgment.
→ does this make it clear what i mean?