Published by De Gruyter Oldenbourg

Volume 13 Issue 1

Issue of Zeitschrift für Rechtssoziologie

Contents
Journal Overview

October 18, 2016

Redaktionelle Vorbemerkung

Hubert Rottleuthner, Eugen Ehrlich

Page range: 1-2

Abhandlungen

October 18, 2016

Die Gesellschaft, der Staat und ihre Ordnung

Eugen Ehrlich

Page range: 3-15

October 18, 2016

Durkheims Vision einer „gerechten“ Gesellschaft

Hans-Peter Müller

Page range: 16-43

Abstract

This paper starts from the paradoxical observation that classical and contemporary sociology have little to offer for the current debate on „justice“, although inequities and injustice gave rise to sociology as a science and keep on inspiring major fields of research today. There is one exception, however: Emile Durkheim’s sociology is designed as a moral science to help create a „just“ order. Interestingly enough, his structural approach is superior to the normative or institutional attempts of moral philosophy, as he looks at the relationship of socio-structural development, institutional infrastructure and the moral consciousness of a society. A „just“ society is equivalent to a complex balance between social structure, institutional system and collective representations, or, in short: justice is a state of solidary equilibrium. Yet, in spelling out the criteria of contributive, commutative and distributive justice in detail, Durkheim is inconsistent and vague. His failure is instructive for the future direction of reflection on „justice“: In a complex, functionally differentiated society with distinct values, there are autonomous „spheres of justice“ with their own rules and the meta rule consists of imposing restrictions on the convertibility of values and resources, i.e.: „Good fences make just societies“ (Walzer 1983, S. 319).

October 18, 2016

Die fortschreitende Verzauberung der Welt des Strafrechts Kritisches zur Rationalisierungsthese Max Webers

Wolfgang Stangl

Page range: 44-64

Abstract

The subject of the study is a thesis of Max Weber according to which law, as part of occidental society as a whole, is subjected to a process of rationalization. Using examples from medieval as well as recent developments of penal law, an opposing opinion is propounded, that the development of penal law has taken the opposite course. The more penal law, as well as penitentiary law have placed their emphasis on prevention of crime, the more irrational the effects have been. And this evolution has by no means reached its conclusion yet. Although solemn words about the disenchantment of today’s world might hold true otherwise, in the system of penal law we are on the contrary faced with a process of enchantment.

October 18, 2016

Recht als Medium der Kommunikation

Richard Münch

Page range: 65-87

Abstract

This paper aims to explore the conditions under which the law becomes a medium of communication and the particular dynamics initiated by this process. Firstly, it analyzes the dissolution of the unity between law and social reality in the development of modern society. Secondly, it looks at the conditions which make law a medium of communication. Thirdly, it points out the paradoxes of legal communication. Fourthly, it will consider the dynamics of legal communication.

October 18, 2016

Der „deal“ im Strafprozeß und das Modell rationalen Handeins Ergebnisse einer empirischen Studie über informelle Absprachen

Christian Lüdemann

Page range: 88-109

Abstract

This contribution deals with the empirical application of rational choice theory to plea bargaining in criminal procedures. Actors within the criminal justice system have two options once a criminal procedure is initiated: cooperation in the sense of pleabargaining or performing a regular trial, that means non-cooperation. Rational choice theory is used to explain these individual decisions for cooperation or non-cooperation. Each behavior alternative entails different outcomes for each of the parties in the sense of costs or benefits. The study shows that public prosecutors and judges on one side and defense attorneys on the other side expect different costs and benefits from these two procedural alternatives and will act accordingly.

October 18, 2016

Zur systematischen Inhaltsanalyse von Rechtstexten – Klassifizierung von Urteilsbegründungen zum Schutzbereich von Patenten mit der partitionierenden Cluster-Analyse

Fritz Dolder, Mauro W. Buser

Page range: 110-130

Abstract

In a sample of 90 patterns of judicial argumentation of courts in the Federal Republic of Germany, Austria, and Switzerland on the issue of the extent of protection of patents (sec. 69 European Patent Treaty of 1973) the argumentation was classified by the presence/absence of 16 selected topics. The matrix of binary data obtained was divided into dusters by means of partitioning duster formation (Späth 1983). A number of n = 6 dusters was retained as statistically acceptable and meaningful with regard to content interpretation. Four dusters with an average density of argumentation (topics per case) were characterized as patent law /formal, patent law /functional, patent law / combined and general legal. In addition to these, one duster with high density of argumentation and one remainder group with low density and unspecific content were found. While Germany was significantly over-represented in the two patent law / formal dusters, Austria was significantly overrepresented in the general legal duster. No correlation between specific dusters and the court ruling, i.e. patent infringement yes/no, could be established, hence argumentation is said to be not result specific. The formation of these dusters and the variation in their content is explained in terms of an „instrumental“ and an „expressive“ function of judicial argumentation.

October 18, 2016

Evaluation des Gesetzes zur Beschleunigung und Vereinfachung gerichtlicher Verfahren mit der Survival-Analyse

Ellen Böhm

Page range: 131-140

Abstract

On July 1st, 1977, the Law on the Simplification and Expedition of Court Proceedings became effective in the Federal Republic of Germany. This study evaluates partial aspects of this Act. Judicial administration has a large amount of data at its disposal (official legal statistics), which can be used in empirical research. In recent years statistical methods involving greater expense have been increasingly applied in evaluation research. Survival analysis is a practical instrument for examining effectivity. This study shows which possibilities there are to apply survival analysis.

October 18, 2016

Einflüsse kontextueller Hintergrundinformationen auf die Deliktbewertung und das Sanktionsverlangen der Bevölkerung. Ergebnisse eines Frageexperiments

Karl-Heinz Reuband

Page range: 141-149

Abstract

On the basis of a representative nationwide survey in W. Germany a study is done on how variations in offender descriptions have an impact on the moral evaluation and sanctioning orientation in the population vis-à-vis specific offences. Hashish use is hereby taken as an example. It is shown that offender descriptions have a noteworthy impact – especially in sociodemographic subgroups of the population. At the same time it becomes evident that the moral evaluation and punishment orientation can be differently affected by the description of offenders’ characteristics.

Diskussion

October 18, 2016

Keine Krise des Normalarbeitsverhältnisses in den 80er Jahren? – Bemerkungen zu W. Rosenbaum (ZfRSoz Heft 1/1991)

Martin Hensche

Page range: 150-153

October 18, 2016

Rezensionen

Sabine Berghahn, Werner Nothdurft, Hubert Treiber, Stefan Machura, Michael Hartmann

Page range: 154-181

October 18, 2016

Ankündigungen

Page range: 182-183

About this journal

About the Journal

Established in 1980, the Zeitschrift für Rechtssoziologie – The German Journal of Law and Society offers a forum for the academic analysis of law in its societal context and on the relationship between law and society. The notion of ‘society’ is interpreted broadly. The journal publishes contributions from all disciplines as long as the relationship between law and society can be identified as a core theme. Papers with a theoretical focus and empirically-based analyses are equally welcome. We also publish essays that do not follow the typical format of a journal article as long as the arguments and reasoning are of an academic standard. The journal also features a book review section which discusses recent sociology of law texts published in Germany and other countries. Submissions may be written in German or English.

Only original contributions will be published. However, contributions to the journal may be republished elsewhere provided that the place of first publication is cited.

An overview over the development of the journal can be found in: Cottier Michelle, Die Zeitschrift für Rechtssoziologie: seit bald 40 Jahren Kristallisationspunkt und Kommunikationsarena der deutschsprachigen Rechtssoziologie, in: Christian Boulanger (Hrsg.) "Rechtssoziologisch publizieren" – Dokumentation eines Rundtischgespräches, 26.03.2019, https://barblog.hypotheses.org/cottier-zeitschrift-fuer-rechtssoziologie.

Peer review

Contributions will be subject to a double blind peer review process, where necessary more than once, involving at least two external referees before the editors take a decision on publication.

Publication frequency

The journal is published twice a year and is included in the abstracting services of Sociological Abstracts and SOLIS – Sozialwissenschaftliches Literaturinformationssystem (a German social science database).