Autopoietic Law

Autopoietic Law

Author: Gunther Teubner

Publisher: Walter de Gruyter

Published: 1988

Total Pages: 392

ISBN-13: 9783110114591

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No detailed description available for "Autopoietic Law - A New Approach to Law and Society".


Niklas Luhmann's Theory of Politics and Law

Niklas Luhmann's Theory of Politics and Law

Author: M. King

Publisher: Springer

Published: 2003-09-16

Total Pages: 273

ISBN-13: 0230503586

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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.


Law as a Social System

Law as a Social System

Author: Niklas Luhmann

Publisher: Oxford Socio-Legal Studies

Published: 2004

Total Pages: 524

ISBN-13: 9780198262381

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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.


Understanding Law in Micronesia

Understanding Law in Micronesia

Author: Brian Z. Tamanaha

Publisher: BRILL

Published: 2024-01-08

Total Pages: 224

ISBN-13: 900461804X

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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.


Cynical International Law?

Cynical International Law?

Author: Björnstjern Baade

Publisher: Springer Nature

Published: 2020-11-28

Total Pages: 369

ISBN-13: 3662621282

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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.


Law's Community

Law's Community

Author: Roger Cotterrell

Publisher: Oxford University Press

Published: 1995

Total Pages: 404

ISBN-13: 9780198264903

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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.


Observing Law through Systems Theory

Observing Law through Systems Theory

Author: Richard Nobles

Publisher: Bloomsbury Publishing

Published: 2012-12-07

Total Pages: 290

ISBN-13: 1782250115

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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.


Changing Sustainability Norms through Communication Processes

Changing Sustainability Norms through Communication Processes

Author: Karin Buhmann

Publisher: Edward Elgar Publishing

Published: 2017-12-29

Total Pages: 284

ISBN-13: 1786431653

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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.