Download or read book El derecho como sistema autopoi tico de la sociedad global written by Gunther Teubner and published by . This book was released on 2019 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Decrypting Power written by Ricardo Sanín-Restrepo and published by Rowman & Littlefield. This book was released on 2020-05-19 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Decrypting Power aims to reach a unifying concept that allows the connection of the fundamental theses stemming from critical legal studies, Subaltern studies, decolonization, law and society, global political economy, critical geopolitics and theories of de-coloniality. This volume proposes that this concept is the ‘encryption of power’, a category of analysis that reveals the weakness of political liberalism when it takes the place of the legitimate fundament of democracy, as well as its consummate capacity to conceal new mechanisms of global power. The theory of encryption of power understands that there is only a world where difference exists as the fundamental and sole order, but also that such a possibility is heavily obstructed by the concentration of power in forms of oppression. The world hangs on the thread of this entangled reality, made up of difference and its denial, of democracy and its simulations, of truth and its codifications. The decryption of power is then, above all, a theory of justice essential to radical democracy, which comes fully-equipped to prevail over the conditions that deny the possibility of an egalitarian world.

Download or read book Soziologische Jurisprudenz written by Gralf-Peter Calliess and published by Walter de Gruyter. This book was released on 2009 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Die Festschrift Soziologische Jurisprudenz stellt sich sowohl im Inhalt als auch in der Form in die Tradition der Arbeiten von Gunther Teubner. Die Beiträge lassen sich auf seine Leitperspektive ein, indem sie die Grenzbeziehungen von Recht und Gesellschaft mit je eigenständigen Akzentuierungen reflektieren.

Download or read book Humanity at Risk written by Daniel Innerarity and published by Bloomsbury Publishing USA. This book was released on 2013-10-24 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Humanity at Risk compares diverse approaches to the theme of global threats using the tools of philosophy, critical theory, and political thought alongside more practical, socio-political observations. By defining the idea of "global risk" more specifically, Editors Innerarity and Solana, and their contributors, believe we can understand how these risks should be evaluated, predicted, and managed within the framework of democratic societies.The goal of this book is to highlight more precisely the necessity, in the face of new global risks, for new governance at a national, European, and global level.

Download or read book Without Criteria written by Steven Shaviro and published by MIT Press. This book was released on 2012-08-17 with total page 191 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Deleuzian reading of Whitehead and a Whiteheadian reading of Deleuze open the possibility of a critical aesthetics of contemporary culture. In Without Criteria, Steven Shaviro proposes and explores a philosophical fantasy: imagine a world in which Alfred North Whitehead takes the place of Martin Heidegger. What if Whitehead, instead of Heidegger, had set the agenda for postmodern thought? Heidegger asks, “Why is there something, rather than nothing?” Whitehead asks, “How is it that there is always something new?” In a world where everything from popular music to DNA is being sampled and recombined, argues Shaviro, Whitehead's question is the truly urgent one. Without Criteria is Shaviro's experiment in rethinking postmodern theory, especially the theory of aesthetics, from a point of view that hearkens back to Whitehead rather than Heidegger. In working through the ideas of Whitehead and Deleuze, Shaviro also appeals to Kant, arguing that certain aspects of Kant's thought pave the way for the philosophical “constructivism” embraced by both Whitehead and Deleuze. Kant, Whitehead, and Deleuze are not commonly grouped together, but the juxtaposition of them in Without Criteria helps to shed light on a variety of issues that are of concern to contemporary art and media practices.

Download or read book Three Liability Regimes for Artificial Intelligence written by Anna Beckers and published by Bloomsbury Publishing. This book was released on 2021-12-02 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book proposes three liability regimes to combat the wide responsibility gaps caused by AI systems – vicarious liability for autonomous software agents (actants); enterprise liability for inseparable human-AI interactions (hybrids); and collective fund liability for interconnected AI systems (crowds). Based on information technology studies, the book first develops a threefold typology that distinguishes individual, hybrid and collective machine behaviour. A subsequent social science analysis specifies the socio-digital institutions related to this threefold typology. Then it determines the social risks that emerge when algorithms operate within these institutions. Actants raise the risk of digital autonomy, hybrids the risk of double contingency in human-algorithm encounters, crowds the risk of opaque interconnections. The book demonstrates that the law needs to respond to these specific risks, by recognising personified algorithms as vicarious agents, human-machine associations as collective enterprises, and interconnected systems as risk pools – and by developing corresponding liability rules. The book relies on a unique combination of information technology studies, sociological institution and risk analysis, and comparative law. This approach uncovers recursive relations between types of machine behaviour, emergent socio-digital institutions, their concomitant risks, legal conditions of liability rules, and ascription of legal status to the algorithms involved.

Download or read book Dilemmas of Law in the Welfare State written by Gunther Teubner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-10-26 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Dilemmas of Law in the Welfare State".

Download or read book Transnational Governance and Constitutionalism written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2004-06-30 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: The term transnational governance designates untraditional types of international and regional collaboration among both public and private actors. These legally-structured or less formal arrangements link economic, scientific and technological spheres with political and legal processes. They are challenging the type of governance which constitutional states were supposed to represent and ensure. They also provoke old questions: Who bears the responsibility for governance without a government? Can accountability be ensured? The term 'constitutionalism' is still widely identified with statal form of democratic governance. The book refers to this term as a yardstick to which then contributors feel committed even where they plead for a reconceptualisation of constitutionalism or a discussion of its functional equivalents. 'Transnational governance' is neither public nor private, nor purely international, supranational nor totally denationalised. It is neither arbitrary nor accidental that we present our inquiries into this phenomenon in the series of International Studies on Private Law Theory.

Download or read book Rough Consensus and Running Code written by Gralf-Peter Calliess and published by Bloomsbury Publishing. This book was released on 2010-05-31 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private law has long been the focus of efforts to explain wider developments of law in an era of globalisation. As consumer transactions and corporate activities continue to develop with scant regard to legal and national boundaries, private law theorists have begun to sketch and conceptualise the possible architecture of a transnational legal theory. Drawing a detailed map of the mixed regulatory landscape of 'hard' and 'soft' laws, official, unofficial, direct and indirect modes of regulation, rules, recommendations and principles as well as exploring the concept of governance through disclosure and transparency, this book develops a theoretical framework of transnational legal regulation. Rough Consensus and Running Code describes and analyses different law-making regimes currently observable in the transnational arena. Its core aim is to reassess the transnational regulation of consumer contracts and corporate governance in light of a dramatic proliferation of rule-creators and compliance mechanisms that can no longer be clearly associated with either the 'state' or the 'market'. The chosen examples from two of the most dynamic legal fields in the transnational arena today serve as backdrops for a comprehensive legal theoretical inquiry into the changing institutional and normative landscape of legal norm-creation.

Download or read book The Financial Crisis in Constitutional Perspective written by Poul F Kjaer and published by Bloomsbury Publishing. This book was released on 2011-07-27 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents the first thorough sociologically-informed legal analysis of the financial crisis which unfolded in 2008. It combines a multitude of theoretically informed analyses of the causes, dynamics and reactions to the crisis and contextualises these within the general structural transformations characterising contemporary society. It furthermore explores the constitutional implications of the crisis and suggests concrete changes to the constitutional set-up of contemporary society. Although the question of individual responsibility is of crucial importance, the central idea animating the volume is that the crisis cannot be reduced to a mere failure of risk perception and management for which individual and collective actors within and outside of financial organisations are responsible. The 2008 crisis should rather be understood as a symptom of far deeper structural transformations. For example contemporary society is characterised by massive accelerations in the speed with which societal processes are reproduced as well as radical expansions in the level of globalisation. These transformations have, however, been asymmetrical in nature insofar as the economic system has outpaced its legal and political counterparts. The future capability of legal and political systems to influence economic reproduction processes is therefore conditioned by equally radical transformations of their respective operational forms and self-understanding. Potentially the 2008 crisis, therefore, has far-reaching constitutional implications.

Download or read book Transnational Legal Problems written by Henry J. Steiner and published by . This book was released on 1994 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Steiner, Vagts and Koh's Documentary Supplement to Transnational Legal Problems, Materials and Text, Fourth Edition, provides detailed information on transnational legal problems law. The casebook provides the tools for fast, easy, on-point research. Part of the University Casebook Series; , it includes selected cases designed to illustrate the development of a body of law on a particular subject. Text and explanatory materials designed for law study accompany the cases.

Download or read book El derecho como sistema autopoi tico written by Gunther Teubner and published by U. Externado de Colombia. This book was released on 2018-02-21 with total page 19 pages. Available in PDF, EPUB and Kindle. Book excerpt: De unos años para acá hace presencia en las discusiones sobre sociología y teoría jurídica la comprensión del derecho basada en el paradigma de sistemas sociales autorreferentes con carácter autopoiético. Durante varios años, el emérito profesor de la Universidad de Frankfurt Gunther Teubner ha participado activamente en esta discusión con originales y enriquecedores aportes. El libro que aquí se presenta es quizá la obra más central y representativa de sus diferentes desarrollos teóricos. Entre otros aspectos, el autor nos presenta una reformulación del sistema jurídico autopoiético como un hiperciclo que se consolida en el tiempo, mediante procesos diferentes de autorreproducción, automantenimiento, y autodescripción.

Download or read book Contract and Organisation written by Terence Daintith and published by Walter de Gruyter. This book was released on 1986 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: No detailed description available for "Contract and Organisation".

Download or read book Developing Countries and the Multilateral Trade Regime written by Donatella Alessandrini and published by Bloomsbury Publishing. This book was released on 2010-08-10 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the way in which 'development' has functioned within the multilateral trade regime since de-colonisation. In particular, it investigates the shift from early approaches to development under the GATT to current approaches to development under the WTO. It argues that a focus on the creation and transformation of a scientific apparatus that links forms of knowledge about the so-called Third World with forms of power and intervention is crucial for understanding the six decades long development enterprise of both the GATT and the WTO. The book is both topical and necessary given the emphasis on the current round of negotiations of the WTO. The Doha 'Development' Round has been premised on two assumptions. Firstly, that the international community has undertaken an unprecedented effort to address the imbalances of the multilateral trading regime with respect to the position of its developing country members. Secondly, that its successful conclusion represents an historic imperative and a political necessity for developing countries. Through a sustained analysis of the interaction between development thinking and trade practices, the book questions both assumptions by showing how development has always occupied a central position within the multilateral trading regime. Thus, rather than asking the question of what needs to be done in order to achieve 'development', the book examines the way in which development has operated and still operates to produce important, and often unacknowledged, power relations. "Intense controversy surrounds the issue of the relationship between trade and development. This book is novel in examining the emergence of the international trade regime in the context of the history of the concept of development that may be traced back at least to the time of the League of Nations. This is a very welcome and original contribution to the field that should generate new discussions and understanding about the law of international trade." Antony Anghie, University of Utah

Download or read book Observations on Modernity written by Niklas Luhmann and published by Stanford University Press. This book was released on 1998 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of five essays by Germany’s most prominent and influential social thinker both links Luhmann’s social theory to the question “What is modern about modernity?” and shows the origins and context of his theory. In the introductory essay, “Modernity in Contemporary Society,” Luhmann develops the thesis that the modern epistemological situation can be seen as the consequence of a radical change in social macrostructures that he calls “social differentiation,” thereby designating the juxtaposition of and interaction between a growing number of social subsystems without any hierarchical structure. “European Rationality” defines rationality as the capacity to see the difference between systems and their environment as a unity. Luhmann argues that, in a world characterized by contingency, rationality tends to become coextensive with imagination, a view that challenges their classical binary opposition and opens up the possibility of seeing modern rationality as a paradox. In the third essay, “Contingency as Modern Society’s Defining Attribute,” Luhmann develops a further and probably even more important paradox: that the generalization of contingency or cognitive uncertainty is precisely what provides stability within modern societies. In the process, he argues that medieval and early modern theology can be seen as a “preadaptive advance” through which Western thinking prepared itself for the modern epistemological situation. In “Describing the Future,” Luhmann claims that neither the traditional hope of learning from history nor the complementary hope of cognitively anticipating the future can be maintained, and that the classical concept of the future should be replaced by the notion of risk, defined as juxtaposing the expectation of realizing certain projects and the awareness that such projects might fail. The book concludes with “The Ecology of Ignorance,” in which Luhmann outlines prospective research areas “for sponsors who have yet to be identified.”

Download or read book Networks written by Marc Amstutz and published by Bloomsbury Publishing. This book was released on 2009-05-26 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last 20 years interest in network phenomena has grown immensely among anthropologists, psychologists, political scientists, economists and lawyers. Empirical observation shows that network arrangements can be found in many branches of business. This is often linked to rapid changes in today's markets and technologies, but it is not the only reason. Legal institutions have been at the centre of private law since the industrial revolution but today contracts and corporations cannot cope with the risks and opportunities posed by networks. Legal practice needs solutions which go beyond the classical traditions of thinking in the dichotomy of contract and corporation. This volume is the outcome of a conference held in Fribourg, Switzerland, which focused on the legal treatment of contractual networks, in particular questions of network expectations, the fragility of network institutions, and the question of how law can minimise network specific risks towards third parties. The contributors, among them many of the world's leading scholars in this field, include Roger Brownsword, Simon Deakin, Gunther Teubner, Hugh Collins and Marc Amstutz. The book will be of interest to scholars of contract, corporate law, and legal theory.

Download or read book Enforcing Corporate Social Responsibility Codes written by Anna Beckers and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate social responsibility codes are guidelines that companies voluntarily develop and publish with the objective of showing the public their commitment to respect human rights, to improve fundamental workplace standards worldwide and to protect the natural environment. These corporate codes have become a crucial element in the regulatory architecture for globally operating companies. By focusing on the characteristics of the codes, their effects on society and their legal consequences, this book seeks to provide a comprehensive analysis of corporate codes and the law. Enforcing Corporate Social Responsibility Codes develops proposals on the relationship between global corporate self-regulation and the national private law systems. It uses methods of comparative law and sociological jurisprudence to argue that national private law can, and in fact should, enforce these codes as genuine legal obligations. The author formulates legal policy recommendations for English and German private law that indicate how the proposed legal enforcement could be realised in practice. The dissertation on which this book is based was awarded the second prize in the humanities category of the Deutscher Studienpreis (German Thesis Award) by the Koerber Foundation in November 2015.