NCJ Number
108013
Journal
Law and Society Review Volume: 21 Issue: 4 Dated: (1987) Pages: 529-561
Date Published
1987
Length
33 pages
Annotation
Using the cognitive mapping approach, I investigate the genesis of criminal law norms against economic crime in West Germany.
Abstract
Four theoretical approaches can be derived from the interaction of two dimensions: differentiation versus Marxist theory, and functionalist versus conflict-group theory. Focusing on interests, anticipated functions, and conflict lines, I analyze the argumentation structures in the judicial committee of the Bundestag concerning the criminalization of price fixing in cases of public tender. The results show that the rationalities of politicians are oriented to dominance groups and power, not policy; communicative relatedness between representatives of different political parties is low; and cognitive maps are restricted and do not indicate policy rationality but legitimatory purposes. (Publisher abstract)