Published by De Gruyter Oldenbourg

Volume 17 Issue 1

Issue of Zeitschrift für Rechtssoziologie

Contents
Journal Overview

Abhandlungen

October 18, 2016

Die Rolle des Rechts im Prozeß der Globalisierung

Klaus F. Röhl, Stefan Magen

Page range: 1-57

Abstract

After referring to the general debate on globalization we propose ten thesises on the role of law in the process of globalization. Following we try to demonstrate how the most common theoretical approaches of legal sociology are able to deal with the consequences of globalization.

October 18, 2016

Die doppelte Vergangenheitsbewältigung der Deutschen: Die Verfahren im Urteil der Öffentlichkeit nach 1945 und 1989

Susanne Karstedt

Page range: 58-104

Abstract

Germany is the rare case of a society that had to come to terms with a totalitarian past twice within half a century. This is an exceptional opportunity to study the reactions of the population toward such procedures that are based on law within the same legal culture and tradition. By such a comparison general factors that influence the evaluation of fairness and the acceptance of such procedures might be identified. Processes of coming to terms with the past comprise two types of procedures: criminal procedures against former elites and “mass procedures” concerning those on the middle and lower echelons of the state bureaucracy, the economy and political and social institutions. Procedural justice theory serves as a framework for the comparative approach. The Nurernberg trials and denazification after 1945 are compared to analogus procedures after 1989: Criminal procedures against the leading elites of the former GDR as well as against soldiers, who killed refugees at the border, the removal of party functionaries from their positions, and procedures that concern employees and collaborators of the Secret Service (Staatssicherheit). The analysis is based on surveys that were carried through by the US Military Government in the US-Zone from 1945 to 1949, and on surveys in the former GDR (the five new states) between 1989 and 1994. The analysis reveals remarkable parallels between both procedures as well as general factors that influence ratings of fairness and acceptance in the population: (a) The evaluation of procedures against elites is outcome-oriented, of mass procedures procedure-oriented; (b) from the start the population discriminates between those at the “top” who bear responsibility, and those “at the bottom”, who followed orders or were simply fellow travellers; the more procedures guarantee such a discrimination and the attribution of individual guilt, the more they are rated as fair and are accepted; (c) neither after 1945 nor after 1989 the economic Situation or the political belief system has a decisive role in the evaluation of procedures. Especially for denazification the importance of a “third party” is shown. Several conclusions with regard to the successful establishment of such procedures are drawn.

October 18, 2016

Ergebnisse einer Fallstudie zur richterlichen Unabhängigkeit

Andrea Baer

Page range: 105-113

Abstract

This article deals with how the judicial independence presents itself to the judges of the former GDR now working in our legal system. It takes into account the experiences the judges made in GDR. The completely different meaning of judicial independence in the two systems becomes obvious.

October 18, 2016

Social Psychological Explanations of the “Fair Process Effect”. A testing of the Group Value Model

Jo-Anne Wemmers

Page range: 114-134

Abstract

According to Lind and Tyler procedural justice judgements are normative and they have developed the group value or the relational model to explain how procedural justice judgements are formed. This model replaces the traditional self-interest model which has its origin in the work of Thibaut and Walker. In this paper, research is presented which examines the meaning of procedural justice to Dutch victims of crime. Following a critical discussion of the two procedural justice models, a new model is developed and tested using the structural equation model. The data used for the analysis consists of 429 interviews with victims regarding their experience with the police and 277 interviews with victims concerning their experience with the public prosecution. Although the ernerging model differs from that of Lind and Tyler, the results support Lind and Tyler’s assertion that procedural justice judgements are normative and not instrumental. Victims are particularly concerned about being treated with dignity and respect and are not interested in influencing the outcome of their case.

October 18, 2016

Der Verband als moralischer Akteur. Die Verantwortung von Unternehmensverbänden aus sozialethischer Sicht

Helge Wulsdorf

Page range: 135-162

Abstract

The research project “Normative Codes in Companies and Associations” takes up the growing trend towards informal agreements in business life. Having concluded the first phase of his project, the author brings several conceptional results of his studies on voluntary agreements in associations up for discussion. Under certain circumstances, these agreements may function as a possible alternative or addition to traditional, legal regulatory measures. The discussion of legal problems linked with this issue is followed by an illustration of the current debate concerning associations. The author presents various selected fields in which associations are responsible for the implementation and enforcement of informal agreements. In particular, he focuses on so-called “voluntary informal agreements of the industry with respect to environmental performance”. Here, the author endeavours to show which future functions and tasks could be taken up by business associations in order to form society in accordance with the public interest. In Christian Social Ethics, the question in how far associations might make present scopes for acting usable is a basic one. It is, above all, concerned with the humanization and fair shaping of society. Whether and to what extent the implementation and enforcement of voluntary agreements follows the social ethical demand for justice is the central issue of the investigation.

October 18, 2016

Berichte und Ankündigungen

Theresia Höynck, Stefan Machura

Page range: 163-173

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).