PUB - Publikationen an der Universität Bielefeld

How to talk the law into translations? Beyond theoretical considerations, judges’ societal key position is apparent from the multitude of attempts to influence them. The contribution at hand is not dealing with corruption or bribery but is interested in how judges are subject to being talked into certain developments. Three examples are discussed, each as a specific type of translation strategy: (1) investigative journalism (via the medium of publicity), (2) lobbyism (via the medium of interaction), (3) sociology of law (via the medium of publication). Publication is characterized by the lack of 'imposition capacity' which, in turn, defines publicity. Distinct parts of differentiation theory promote the medium of interaction as the only way of coordination, while parts of socio-legal theory changed their preference the other way round, now putting forward that publicity matters. Not taking sides, this article’s general plea is to stimulate questions of stimulation (of translations) which is in stark contrast to concepts (e.g. responsivity) which exclusively focus on answers as evolutionary outcomes.