Einheit

Theoretische Aspekte des Großtransfers von Recht und juristischem Personal

Abstract

The unification of the German states in 1990 was accompanied by a major transfer of law and a remarkable transfer of legal staff. The legislation which followed in the train of the unification was extraordinary in its dimensions. It does not, however, present fundamentally new problems for the evolutionary theory of social systems. The role of conscious, intentionally planned political action as well as the efficiency of legislation – both striking aspects of German unification – can reasonably be taken into consideration by the theory. The challenging question is how western administrative law could settle down and survive in the »niche« consisting of the heritage of the former GDR, despite the fact that citizens in Eastern Germany for the most part have little understanding of the principles of western administrative law. The phenomenon of such a weak structural coupling between communication systems and individual mind was possible because of the lack of any alternative. People in Eastern Germany can use the new law because it is managed by a Professional legal staff, and they depend on the utilization of the new law even if they scarcely understand it and even if they do not accept that it is just law. The evolutionary theory of social systems can explain why there is little probability of alternatives in spite of weak structural coupling. Therefore the theory must observe not only the communication systems but also the coordination that has grown up on the basis of the new communication systems and that has led to an evolutionary path which limits other possibilities.