Joint seminar with LSC—The Laws of Social Cohesion.

We investigate the relationship between moral beliefs and the Rechtsgefühl (sense of the law should be) in the context of lies in contract negotiations. In particular, we analyze the correlation, similarities and differences between moral evaluations and the Rechtsgefühl, and study whether and how they are shaped by professional practice. To this end, we conducted a vignette study with German students, judges, lawyers, and negotiators. This allowed us to investigate not only group differences between students and professionals, but also differences between professional subgroups (lawyers, judges and negotiators) in the decision-making processes leading to moral and legal evaluations of lies in contract negotiations. We found similarities in the moral beliefs of German students and judges, on the one hand, and German lawyers and negotiators, on the other. However, concerning the Rechtsgefühl, the subgroups of professionals (judges, lawyers, and negotiators) are more similar and there is a clear difference with the answers of German students. This implies that professional practice shapes relatively homogeneous expectations regarding the legal condemnation of lies in contract negotiations. Regarding the variance of the responses, we find that for all groups, moral beliefs vary (statistically) significantly more than the Rechtsgefühl. Our conclusions about the homogeneity and stability of the Rechtsgefühl point to the relevance, usefulness and necessity of acknowledging and considering it when regulating B2B negotiations.

Time & Location

29 June 2023 | 06:00–7:30 PM
In-person & online
Law School | Garystraße 35 (HFB) | Conference Room II
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