Published by De Gruyter Oldenbourg

Volume 22 Issue 1

Issue of Zeitschrift für Rechtssoziologie

Contents
Journal Overview

May 14, 2016

Inhalt

Page range: I-II

Abhandlungen

May 14, 2016

Sozialwissenschaften in der Rechtsanwendung – am Beispiel der Nutzung der Medienforschung in der Rechtsprechung zum Medienrecht

Wolfgang Hoffmann-Riem

Page range: 3-24

Abstract

The use of communication and media research by the Federal Constitutional Court is an example of how social and political science is adopted in the practical application of the law. The decisions of the Federal Constitutional Court only contain few direct quotations from social research literature but a great variety of empiric statements. Due to the institutional framework conditions, the decisions of the Federal Constitutional Court take up, wherever possible, assumptions about reality that meet with a broad consensus and lines of reasoning that have been utilized before, even if, from the perspective of communication research, there are grounds for modifying them. A typical example of this are statements on the theory of public communication.

May 14, 2016

Codes of Conduct und kommunikative Vernunft

Rechtssoziologische Überlegungen zu den umweltbezogenen Selbstverpflichtungen transnationaler Chemiekonzerne

Martin Herberg

Page range: 25-52

Abstract

The article deals with the guidelines of multinational companies for voluntary environmental protection, which have been scarcely investigated yet, regarding them as an important fragment of global environmental law. Firstly, the most important positions emerging from scientific and pre-scientific debates on the industrial codes of conduct are presented. Next, some sociolinguistic concepts and methods - conversation analysis, speech act theory and structural hermeneutics - are applied on the guidelines to reconstruct their pragmatic and interactive implications. The question for the modus operandi and the conditions of possibility of a „Global Law without a State” (Teubner) will be set on a new and methodologically ensured basis.

May 14, 2016

Funktionale und segmentäre Differenzierung der Politik

Zur Gesellschaftstheorie der Staatsbürgerschaft

Klaus Holz

Page range: 53-78

Abstract

It is usual to define citizenship as a full membership in society. But this view contradicts basic principles of classical and actual theories of society. Typically the modem society establishes a multitude of social positions for individuals, which is not derived from one basic membership. Whether and how which inclusions and exclusions are integrated in the one position of citizenship can only be answered if the differentiation of modern society is taken into consideration. “Integration” is a term of differentiation theory. The interaction between two kinds of differentiation constitutes citizenship: the functional differentiation of a global political system and the segmentary differentiation of politic into states. This interaction develops the pattern of inclusions and exclusions, which are integrated in citizenship. The article critizes usual terms of citizenship in the perspective of differentiation theory and analyses the integration of nationality (resp. denizenship), political, civil and social rights to one pattern of inclusions and exclusions.

May 14, 2016

Bürgerbeteiligung im Gesundheitswesen

Professionelle Entscheidungskompetenzen und strukturelle Veränderungen

Dieter Hart

Page range: 79-100

Abstract

Citizen participation and patient rights are the collective and the individual expression of an active partnership orientation of the relations between those acting in the medical and health care system. Citizen participation is the complement and continuation of existing individual patient rights through collective rights of citizens, the insured and patients to take part in communication and decision-making processes on information, quality, effectiveness and efficiency. In Germany and Europe individual patient participation is accepted as an objective and guaranteed by law („Charter of Patient Rights”). The participation of citizens as a collective involvement in decision-making processes going beyond the individual case is neither as an objective nor in practice generally established. The article presents the situation of individual and collective rights in Germany and Europe, legitimates collective citizens' rights to participate in derision-making processes on the levels of the medical and the health care system and discusses different forms and examples of participation in national, regional and local institutions. Citizen participation is a „discovery procedure“ and, from a legal point of view, not an outcome-determined but a procedure-oriented concept of organisation of the medical and health care system.

May 14, 2016

High-Tech Home Care in Deutschland: Herausforderung für rechtliche Regulierungssysteme

Michael Ewers

Page range: 101-124

Abstract

The growth of biomedical, pharmacological and technological knowledge and options during the last decades has led to impressive innovations in patient care. Even sophisticated, technically intensive nursing care services can be transferred these days in increasing frequency from the inpatient to the outpatient sector. In this way mostly the chronically and severely ill have the choice to stay at home. Internationally high-tech home care has asserted itself as the the first option for these patients. In Germany the implementation of high-tech home care services proves to be a complicated process. Owing to circumstances peculiar to the German health care system, many obstacles present themselves in the practice of high-tech home care. These include unanswered and challenging legal questions. Since 1998 a research project on home infusion therapy (HIT) has been in progress at the Institute of Nursing Science. Based on partial results of this project the relevant obstacles and the need for legal regulation will be demonstrated. The outcome will show not only that adequate prerequisites have to be created, but also that legal challenges will need to be overcome in Germany. This in tum will facilitate connection with international developments and offer patients the choice to stay at home.

May 14, 2016

Rezensionen

Hans-Cord Samighausen, Bernhard Hilkert, Uwe Schwarze, Armin Höland

Page range: 125-134

May 14, 2016

Ankündigung

Page range: 135-136

May 14, 2016

Autorinnen und Autoren des Heftes

Page range: 137-140

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).