Recht und Psychologie - Ein wechselseitiges Verhältnis ; Juristic thought and psychology: A relation of interdependence

Abstract

Traditionally psychological research had assisted (de lege lata and de lege ferenda) jurisdiction, legislation, and law enforcement. However, the fol1owing three examp1es support the thesis that certain areas of psycho1ogica1 research gain new concepts and hypotheses by considering re1ated juristic thought. First, a developmenta1 study on the judgment about neg1igent damages suggested a three-step deve10pment of the evaluation of neg1igence. That threestep development wou1d contradict Heider's sequence of responsibi1ity levels. Second, a cognitive algebra approach to asses the chi1d's understanding of the duty to compensate the victim for his 1055 caused by a culpab1e actor suggested a two-step deve10pment of understanding that duty. The chi1d of the first deve10pment a1 step wou1d regard giving on1y half compensation of the 10ss as doing his duty to repair damages. Third, the concept of cul pa and the "Strafzumes sungs 1 ehre" in the German juri 5 ti c thought are d i scussed as key concepts for innovating psycho1ogica1 research on a moral algebra. Insofar juristic thought proved to assist psycho1ogica1 theory bui1ding what would make the relation of juristic thought and psycho1ogy a relation of interdependence.