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 Observing Law Through Systems Theory written by Richard Nobles and published by . This book was released on 2013 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book is complementary to our book A sociology of jurisprudence, although it is not necessary for readers to have read that book in order to engage with what we present here."--Preface.
Download or read book Legal Theory Today written by Richard Nobles and published by . This book was released on 2013 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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 Luhmann and Socio Legal Research written by Celso Fernandes Campilongo and published by Routledge. This book was released on 2020-12-29 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927–1998) in relation to empirical socio-legal studies. This is a sociological and legal theory known for its highly complex and abstract conceptual apparatus. But how to change its scale in order to study more localised phenomena, and to deal with empirical data, such as case law, statutes, constitutions and regulation? This is the concern of a wide variety of scholars from many regions engaged in this volume. It focuses on methodological discussions and empirical examples concerning the innovations and potentials that functional and systemic approaches can bring to the study of legal phenomena (institutions building, argumentation and dispute-settlement), in the interface with economy and regulation, and with politics and public policies. It also discusses connections and contrasts with other jurisprudential approaches – for instance, with critical theory, law and economics, and traditional empirical research in law. Two decades after Luhmann’s death, the 21st century has brought countless transformations in technologies and institutions. These changes, resulting in a hyper-connected, ultra-interactive world society bring operational and reflective challenges to the functional systems of law, politics and economy, to social movements and protests, and to major organisational systems, such as courts and enterprises, parliaments and public administration. Pursuing an empirical approach, this book details the variable forms by which systems construct their own structures and semantics and ‘irritate’ each other. Engaging Luhmann’s theoretical apparatus with empirical research in law, this book will be of interest to students and researchers in the field of socio-legal studies, the sociology of law, legal history and jurisprudence.
Download or read book New Private Law Theory written by Stefan Grundmann and published by Cambridge University Press. This book was released on 2021-03-18 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: New Private Law Theory opens a new pathway to private law theory through a pluralistic approach. Such a theory needs a broad and stable foundation, which the authors have built here through a canon of nearly seventy texts of reference. This book brings these different texts from different disciplines into conversation with each other, grouping them around central questions of private law and at the same time integrating them with the legal doctrinal analysis of example cases. This book will be accessible to both experienced and early career scholars working on private law.
Download or read book EU Law and International Arbitration written by Konstanze von Papp and published by Bloomsbury Publishing. This book was released on 2021-04-08 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Eminently readable. One need look nowhere else. I regularly teach courses on this subject and have encountered no work that comes close to achieving what von Papp has achieved." George A Berman, Columbia Law School, European Law Review This timely book addresses the main areas of tension between EU law and international arbitration, looking at both commercial and investment treaty arbitration. It opens pathways for practical solutions based on communication between the different regimes. At the same time, it offers a sound theoretical basis that allows for addressing the core problem as normative conflict between legitimate public interests and the 'privatisation of justice'. The book is divided into five parts. It introduces key aspects of the overall tension between EU law and international arbitration, before setting out the theoretical framework that understands EU law, international commercial arbitration, and investment treaty arbitration as closed regimes. The author then addresses the core problem of finding the limits to contracting out of the EU legal regime, both on a jurisdictional and a substantive level. This is then linked to the question of trust-building in legal outcomes of the relevant regimes. The book concludes with a short summary and key theses. Combining a theoretical and normative with a more pragmatic approach to very topical issues, this book offers invaluable insights for academics and practitioners, private and public, commercial and investment treaty lawyers alike.
Download or read book A Sociological Theory of Law written by Niklas Luhmann and published by Routledge. This book was released on 2013-10-30 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.
Download or read book Religion and Legal Pluralism written by Russell Sandberg and published by Routledge. This book was released on 2016-03-09 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
Download or read book A Sociology of Jurisprudence written by Richard Nobles and published by Bloomsbury Publishing. This book was released on 2006-02-10 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and/or source of law, the nature of law's determinacy or indeterminacy, and the role of justice. The authors' introduction to Luhmann's systems theory concentrates on the concept of closure and the distinct disposition of law's openness to its environment. From this beginning, the book goes on to offer a sustained and methodical application of systems theory to some of the traditional forms of jurisprudence: natural law and its relationship with legal positivism, Dworkin's version of natural law, Kelsen's version of legal positivism, and Critical Legal Studies. This application of systems theory alters our perception of jurisprudence and better enables us to understand its role within law.
Download or read book Niklas Luhmann written by Claudio Baraldi and published by Springer. This book was released on 2016-11-21 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an insight into the ideas of one of the world’s greatest sociologists: Niklas Luhmann. It explains, in clear and concise language, the basic concepts of Social Systems Theory and their application to the specific case of the Education System, which was considered by Luhmann as a primary subsystem of modern society. It illustrates the complex and sophisticated thinking that characterises Luhmann’s work and explains that Luhmann’s theory has given an important and original contribution to the study of education from a sociological point of view. His contribution has some resonance in recent social constructionist and relational approaches to education, as well as in studies of educational interaction. In addition, research methodologies, in particular mixed methods strategies, draw heavily on epistemological issues. The book finally argues that educationists can appreciate the extent of Luhmann’s contribution to the field of education, although their perspective cannot be fully harmonised with, nor reduced to, the sociological one. This divergence of perspectives can stimulate pedagogy to call into question its conceptual framework as well its approach to social situations in the classroom.
Download or read book Law as Passion written by Miguel Nogueira de Brito and published by Springer Nature. This book was released on 2021-03-01 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inspired by the works of Professor Marcelo Neves, in this book colleagues come together to explore how their research has been influenced by non-European and post-colonial approaches. With a foreword by Karl-Heinz Ladeur, it features essays written by leading scholars in the fields of sociology of law and constitutional theory – including Hauke Brunkhorst, Darío Rodrígues, Kimmo Nuotio and Pablo Holmes. The content is divided into four sections, the first of which, “Law, State, and Global Crisis,” covers topics related to the modern constitutional state, the crisis of global capitalism, and the global rule of law. The second, “Symbolic Constitutionalization,” analyzes challenges to constitutionalism in the “Peripheral Modernity.” The authors in the third section examine how the concept of “Transconstitutionalism” can shed new light on contemporary debates concerning global public law. In turn, the last section of the book, “Systems Theory and Public Law,” addresses systems theory issues in the fields of legal history and administrative law. The book presents a relevant and original discussion encompassing such diverse fields as constitutional theory, international law, systems theory, and sociology of constitutions.
Download or read book Niklas Luhmann s Theory of Politics and Law written by M. King and published by Springer. This book was released on 2003-09-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann's social theory stands in direct opposition to the dominant 'anthropocentric' traditions of legal and political analysis. King and Thornhill now offer the first comprehensive, critical examination of Luhmann's highly original theory of the operations of the legal and political systems. They describe how from the perspective of his 'sociological enlightenment' Luhmann continually calls to account the certainties, the ambitions and rational foundations of The Enlightenment and the idealized versions of law and politics which they have produced.
Download or read book Religion Law and Society written by Russell Sandberg and published by Cambridge University Press. This book was released on 2014-05-08 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Issues concerning religion in the public sphere are rarely far from the headlines. As a result, scholars have paid increasing attention to religion. These scholars, however, have generally stayed within the confines of their own respective disciplines. To date there has been little contact between lawyers and sociologists. Religion, Law and Society explores whether, how and why law and religion should interact with the sociology of religion. It examines sociological and legal materials concerning religion in order to find out what lawyers and sociologists can learn from each other. A groundbreaking, provocative and thought-provoking book, it is essential reading for lawyers, sociologists and all who are interested in the relationship between religion, law and society in the twenty-first century.
Download or read book Observing International Relations written by Mathias Albert and published by Routledge. This book was released on 2004-07-31 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Observing International Relations draws upon the modern systems theory of society, developed by Niklas Luhmann, to provide new perspectives on central aspects of contemporary world society and to generate theoretically informed insights on the possibilities and limits of regulation in global governance. The authors develop a Luhmannian theory of world society by contrasting it with competing notions of international society, critically discussing the use of modern systems theory in international relations theory and assessing its treatment of central concepts within international relations, such as power, sovereignty, governance and war.
Download or read book Social Systems Theory and Judicial Review written by Katayoun Baghai and published by Routledge. This book was released on 2016-03-03 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.
Download or read book A Sociology of Jurisprudence written by Richard Nobles and published by . This book was released on 2006 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This ap.
