Download or read book Autopoietic Law A New Approach to Law and Society written by Gunther Teubner and published by Walter de Gruyter. This book was released on 2011-07-13 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Autopoietic Nonsense written by David Kershaw and published by . This book was released on 1992 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law s New Boundaries written by Jiří Přibáň and published by Dartmouth Publishing Company. This book was released on 2001 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of papers presented at the workshop "Consequences of the Autopoietic Law Theory", held in Cardiff, March 2000. The papers featured in this book have been edited.
Download or read book Law as an Autopoietic System written by Gunther Teubner and published by Wiley-Blackwell. This book was released on 1993-01-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present debate in legal theory is dominated by an unfruitful schism. On the one hand, analytical theories are concerned with the positivity of law, running the risk of missing the law's relation to society. On the other hand, sociological approaches analyze all sorts of social interactions of law, but have developed no conceptual tools to do justice to the autonomy of law. The theory of autopoiesis offers law a chance of getting round the falsely posed alternative between an autonomous rule system or a socially conditioned decision-making process. It is a theory of law that sees the law's autonomy in the self-reproduction of a communication network and understands its relation to society as interference with other autonomous communication networks. Building on the ideas of Humberto Maturana, Heinz von Foerster and Niklas Luhmann, Gunther Teubner uses the concepts of self-organization and autopoiesis to develop a concept of law as a hypercyclically closed social system. This book will stand as a landmark in legal theory and become a standard point of departure in the sociology of law.
Download or read book Law as a Social System written by Niklas Luhmann and published by Oxford Socio-Legal Studies. This book was released on 2004 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.
Download or read book In Search of Law written by Vilhelm Aubert and published by Barnes & Noble. This book was released on 1983 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Data Driven Personalisation in Markets Politics and Law written by Uta Kohl and published by Cambridge University Press. This book was released on 2021-07-29 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book critiques the use of algorithms to pre-empt personal choices in its profound effect on markets, democracy and the rule of law.
Download or read book Observing Law through Systems Theory written by Richard Nobles and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems. The authors demonstrate how this theory alters our understanding of some of the most important and controversial issues within law: the nature of judicial communication and legal argument; the claim that it can be right to disobey law; the character of legal pluralism and globalisation; time and its construction within law; the significance of the rule of law and human rights and the role of appeals to, and within, law. Systems theory enables the authors to demonstrate how the legal system observes its own operations through its own communications, and how this contrasts with the manner in which law is observed by other systems such as the media and politics. In this context the authors explore the constraints imposed by systems, in particular the legal system, upon the individuals who participate in them.
Download or read book Understanding Law in Micronesia written by Brian Z. Tamanaha and published by BRILL. This book was released on 2024-01-08 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines law in Micronesia from a novel perspective. It draws upon several branches of interpretive analysis, including mundane phenomenology, symbolic interaction, and cultural hermeneutics, to construct a comprehensive approach to transplanted systems of state law. Rather than the usual focus on legal norms and institutions, this approach directs attention to the law-related meaningful actions and understandings of legal actors and of non-legal actors. Application of this approach results in insights about law in Micronesia, as well as about law itself, and about the ideology of law. A wide range of subjects are addressed, from the nature of legal thinking to the autonomy of law. It is a work in legal theory grounded in psychological, sociological and anthropological observations and analysis.
Download or read book Living Law written by Roger Cotterrell and published by Routledge. This book was released on 2017-07-05 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.
Download or read book Just Interpretations written by Michel Rosenfeld and published by Univ of California Press. This book was released on 1998-01-01 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: "An important contribution to contemporary jurisprudential debate and to legal thought more generally, Just Interpretations is far ahead of currently available work."--Peter Goodrich, author of Oedipus Lex "I was struck repeatedly by the clarity of expression throughout the book. Rosenfeld's description and criticism of the recent work of leading thinkers distinguishes his work within the legal theory genre. Furthermore, his own theory is quite original and provocative."--Aviam Soifer, author of Law and the Company We Keep
Download or read book Socio Legal Approaches to International Economic Law written by Amanda Perry-Kessaris and published by Routledge. This book was released on 2013-03-05 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the analytical, empirical and normative components that distinguish socio-legal approaches to international economic law both from each other, and from other approaches. It pays particular attention to the substantive focus (what) of socio-legal approaches, noting that they go beyond the text to consider context and, often, subtext. In the process of identifying the ‘what’ and the ‘how’ (analytical and empirical tools) of their own socio-legal approaches, contributors to this collection reveal why they or anyone else ought to bother--the many reasons ‘why’ it is important, for theory and for practice, to take a social legal approach to international economic law.
Download or read book Transplanting Commercial Law Reform written by John Gillespie and published by Routledge. This book was released on 2017-03-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
Download or read book Critical theory and legal autopoiesis written by Gunther Teubner and published by Manchester University Press. This book was released on 2019-05-10 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume collects and revises the key essays of Gunther Teubner, one of the world’s leading sociologists of law. Written over the past twenty years, these essays examine the ‘dark side’ of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
Download or read book Cynical International Law written by Björnstjern Baade and published by Springer Nature. This book was released on 2020-11-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysing international law through the prism of “cynicism” makes it possible to look beyond overt disregard for international law, currently discussed in terms of a backlash or crisis. The concept allows to analyse and criticise structural features and specific uses of international law that seem detrimental to international law in a more subtle way. Unlike its ancient predecessor, cynicism nowadays refers not to a bold critique of power but to uses and abuses of international law that pursue one-sided interests tacitly disregarding the legal structure applied. From this point of view, the contributions critically reflect on the theoretical foundations of international law, in particular its relationship to power, actors such as the International Law Commission and international judges, and specific fields, including international human rights, humanitarian, criminal, tax and investment law.
Download or read book Law s Community written by Roger Cotterrell and published by Oxford University Press. This book was released on 1995 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: These essays seek to re-locate the relationship between the traditional concerns of legal theory and the sociology of law by establishing a consistent theoretical approach to the analysis of law in contemporary Western societies.
Download or read book Changing Sustainability Norms through Communication Processes written by Karin Buhmann and published by Edward Elgar Publishing. This book was released on 2017-12-29 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the development of the Business & Human Rights (BHR) regime that has so far culminated with the United Nations Guiding Principles on Business and Human Rights. It first surveys the argumentation and negotiation strategies that led to agreement on key elements of the BHR regime despite a range conflicting interests across stakeholders from public, private and not-for-profit organisations. It then maps out pro-active regulatory strategies and public-private regulation for promoting responsible business conduct, offering insights for civil society, public regulators, business managers, academics and others. The book will assist engaged parties in structuring their arguments within negotiation processes with a view to enhancing their influence on change in business organisations in support of sustainability and new norms of conduct.
