Dialogisches Recht

The theory of dialogical law confronts the principle of dialogue with the traditional categories of war and peace, violence and communication and the incompatibility of cultures. Rolf-Peter Calliess outlines a theory of the law which sees the entire legal process as dialogically structured and develops a theory of punishment which emphasizes its function as a law to protect citizens from being deprived of their right to make decisions. He shows that western society is dependent on the productive energy of free communication processes. In the social state, punishment does not mean inappropriate leniency, nor does it signify the passive acceptance of lost groups and individual multicultural enclaves. The social state is however obligated to provide effective proposals for future integration into society.