法律社会学基本原理(英文版)(精)/世界学术经典

Many decades ago Ofner of Vienna pointed out the possibility of instituting a direct investigation of the sense of law and right (Rechtsgefiihl) by means of juristic experiment. A year ago Kobler discussed the idea in detail in the Vienna Juristische Blatter, and actually instituted experiments in the Freie juristische Vereini~ gung, which he himself had founded. Actual or fictitious law cases, even entire court proceedings, are being submitted to the persons who are being used for the experiment, who must not be jurists, and who are requested to express an opinion on them. They can do this only by relying on their sense of law and right. Is not everyone reminded of the psychometry of the school of Fechner and Wundt? These tests are open to the same objections that have been urged against psychometry. The person who permits himself to be used for the experiment is not in his usual frame of mind, and he knows, too, that his judgment does not decide the case; the fictitious case arouses no passions, does not agitate the emotions, but addresses itself to the intellect alone. These are sources of error which a correct method must compute and take into account. In spite of this however the attempt will produce valuable results, provided one does not forget about the sources of error. Method is as infinite as science itself.