State Sociology

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A state reception follows a given choreography

The State Sociology is a term coined by Max Weber and can be used as a special field of sociology be considered that because of the special importance of the State expressly deals with it ( see also:. Theory of the state ).

From a sociological point of view, one of the pioneering writings is the study by Ferdinand Tönnies The English State and the German State , from 1917 (re-edited in 2008 in Ferdinand Tönnies Complete Edition , Vol. 10, pp. 51–283). State sociology then flourished in the first half of the 20th century (cf. Joseph Schumpeter , Franz Oppenheimer ), when, above all, many lawyers were still working sociologically. Then it was on the one hand questioned by historiography whether there had been "states" in the strict sense in antiquity or the Middle Ages, while on the other hand the social or ethical peculiarities of the "state" became less and less self-evident. Today their subjects mostly appear in politics - or possibly in administrative sociology , especially under the term governance .

From a legal point of view, according to Eugen Ehrlich's understanding of the state, the normative order of a community is not created from the ground up by a central state authority: In terms of development history, families, trade relationships and other social order structures arose in pre-state societies. When states emerged, they created their own orders, but largely adopted the social orders already found. And in the present, too, "normative structures are developing within the state order and its law, according to which people live together in different communities ... From these orders, for example from the traffic and trade customs and from the other ways of life of the people, they are supplemented and renewed state law. " In the words of Ehrlich: "The focus is everywhere on the order that the associations give themselves, and life in the state and in society depends far more on the order in the associations than on the order of the state and society runs out. "

Apart from such social "pre-shaping" of legal institutions, state law and state structures are determined in many ways by social factors - interests and power relations. This is the central subject of interest jurisprudence . For Philipp Heck, state laws appeared to be "the result of the interests of material, national, religious and ethical tendencies that oppose each other in every legal community and strive for recognition." If one thinks through these considerations - which ultimately go back to Rudolf von Jhering - one arrives at a pluralistic social model. From this point of view, an overall purpose of the community cannot be determined in advance. "Rather, in free confrontation between the confronting purposes and interests of the citizens, compromises capable of reaching a majority must be negotiated again and again: not only about the leading goals of politics, but also about the regulation of subordinate conflicts of interests and goals".

literature

  • Rudolf von Jhering , The Purpose in Law, Volume I, 4th ed. 1904
  • Eugen Ehrlich , Foundation of the Sociology of Law, 1913, 4th edition, 1989
  • Philipp Heck , Concept formation and interest law, 1932
  • Max Weber , (1956). State Sociology (Vol. 2). Duncker & Humblot.
  • Dreier, H. (1990). Legal studies, state sociology and theory of democracy with Hans Kelsen (Vol. 1). Nomos.
  • Hofmann, H. (1999). From the sociology of the state to a sociology of the constitution? Legal journal, 1065-1074.
  • Anter, A. (2007). Max Weber's State Sociology in a Contemporary Context. n / A.
  • Reinhold Zippelius , Basic Concepts of Legal and State Sociology, 3rd edition 2012, Tübingen, Mohr Siebeck ISBN 978-3-16-151801-0 .
  • Hubert Driver , On the understanding of the state with Max Weber, in: Sociologia Internationalis 52 (2014), 1–40.

See also

Individual evidence

  1. ↑ Reinhold Zippelius, Basic Concepts of Legal and State Sociology, 3rd edition, § 12 III
  2. ↑ Eugen Ehrlich , preliminary studies for a sociology of law, 3rd edition, 1967, p. 94 f.
  3. ↑ Reinhold Zippelius, Basic Concepts of Legal and State Sociology, 3rd edition, § 12 IV
  4. ↑ Philipp Heck , Concept Formation and Interest Jurisprudence, 1932, pp. 73 f.
  5. ↑ Reinhold Zippelius, Allgemeine Staatslehre, 17th edition, § 26 II