Rechtsgenese und Zivilisationsprozess

Abstract

On the basis of comparative views on social theories that deal with the normative foundations of modern societies (such as those of Bourdieu, Durkheim and Luhmann), the genesis of law is examined in the light of Norbert Elias’ reflexions on the process of civilization. One crucial element is the surmounting of the traditional division between micro and macro structures, which, in Elias’ thought, can be achieved by taking into account the relation between sociogenesis and psychogenesis. The psychogenetic development serves as main focus, which - with regard also to Philosophical Anthropology - is examined in it’s effects on the emergence of legal awareness.