Published by De Gruyter Oldenbourg

Volume 15 Issue 1

Issue of Zeitschrift für Rechtssoziologie

Contents
Journal Overview

Abhandlungen

October 18, 2016

Aufgaben der Rechtssoziologie als Zweig der Rechtswissenschaft

Thomas Raiser

Page range: 1-11

Abstract

Sociology of law is as far a branch of jurisprudence as it contributes not only to the cognition but also to the improvement of law. In this case sociology of law is indispensable because in the science of law empirical socio-legal research and theoretical socio-logical analysis are no fewer necessary than legal dogmatics. This is discussed by means of the examples of both the empirical project concerning the impact of legal cost insurance on the use of the judiciary and the theoretical problem of legal positivism.

October 18, 2016

Aufgaben der Rechtssoziologie als Soziologie für Juristen in der Rechtsforschung und Juraausbildung

Klaus A. Ziegert

Page range: 12-23

Abstract

Even though Raiser’s conception of sociology of law as an integral part of legal education and legal research dominates, across the world, the lawyers’ understanding of what they want to get out of socio-legal research, it is the major explanation for the failing of sociology of law as a discipline in faculties of law. The observation and discussion of the practice of social scientists reveals why law students shun sociology of law while their fundamental needs for scientific explanations of human practice, including legal practice, are ignored. What faculties of law need is not integrated sociology of law but a special sociology for lawyers, including the logic and methodology of social science research.

October 18, 2016

Procedural Justice and Culture: Evidence for Ubiquitous Process Concerns

E. Allan Lind

Page range: 24-36

Abstract

Recent research on the psychology of procedural justice suggests that traditional notions of justice, which focus on the fairness of allocations of outcomes, do not fit with how people actually think about fairness. Data from a study of justice judgments in response to court-annexed arbitration experiences are used to show that justice is defined largely in relational terms and that justice judgments guide decisions about important real-world experiences. A theory of subjective justice is described. Data from a recent cross-national study of justice judgments in interpersonal disputes is used to test the theory. The findings confirm the role of relational concerns in justice judgments, across European, American, and Asian research sites. The implications of the theory and research for legal policy development is discussed.

October 18, 2016

Der Dolmetscher als Hilfspolizist – Zwischenergebnis einer Feldstudie –

Ute Donk

Page range: 37-57

Abstract

An interpreter is commonly thought of as a kind of translation-machine, which, by translating the questions of the investigation official and the answers of the defendant facilitates the smooth operation of the inquiry. The present paper is intended to show that the role of interpreters in police interrogations is in fact – and sensibly – that of deputy police officials. Indeed – this is the only way in which the structural dominance of the defendant can be compensated for. On this account , the difficulty about interrogations requiring the presents of interpreters lies not so much in the interpreters taking an active part in a police investigation, no yet as is frequently alleged in his participation being uncontrollable. Rather its arised from the fact, that he often lacks the requisite competence to take such a part.

October 18, 2016

Die Reaktionstheorie – rechtstheoretische Voraussetzung für die Rechtsforschung

Edgar Michael Wenz

Page range: 58-65

Abstract

Reaction theory is intended to give empirical legal research a theoretical basis in form of a comprehensive, sociologically founded concept of law. Its starting point is an apprehension of the law as a correlation of facts. It is therefore oriented to the observable acting and reacting of the legal personnel. Its reactions can be recorded and evaluated in socio-empirical terms in order to address the question of what as living law prevails. As a contingency of possibility of reactions, the legal personnel is of central importance to reaction theory.

October 18, 2016

Rechtsanwälte im Übergang – Zur Situation des Berufsstandes in den neuen Bundesländern

Lutz Kirschner, Marc Lienau

Page range: 66-81

Abstract

Due to the social and legal process of alteration in former East Germany a fundamental change within the legal profession is taking place. The number of attorneys has increased considerably, this professional group is gaining a higher status in the course of the social upheavals. Its inner structure is determined by a new pattern of heterogeneity – to some degree the different social-legal origin of the attorneys gives rise to differences in the field of activity, the type of clients, and the financial situation of the various groups of attorneys. It is characteristic for attorneys originating from former East Germany to have developed particular ways of dealing intellectually with their changing situation. The article outlines basic developments and gives individual examples with regard to these attorneys’ identity and their establishing a new existence as lawyers.

Diskussionen

October 18, 2016

Demoskopische Artefakten

Erhard Blankenburg

Page range: 82-83

October 18, 2016

Understandings and Misunderstandings of the Relationship Between the European Court of Justice and Its Public

James L. Gibson, Gregory A. Caldeira

Page range: 84-86

October 18, 2016

Rezensionen

Ulfrid Neumann, Christian Lüdemann, Horst Eidenmüller, Héctor Fix-Fierro, Stefan Machura, Petra Urban

Page range: 87-107

October 18, 2016

Tagungsbericht

Wolfgang Ludwig-Mayerhofer

Page range: 108-111

October 18, 2016

Mitteilungen

Page range: 112-114

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).