Luhmann And Socio Legal Research
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Luhmann And Socio Legal Research
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Author : Celso Fernandes Campilongo
language : en
Publisher: Routledge
Release Date : 2020-12-29
Luhmann And Socio Legal Research written by Celso Fernandes Campilongo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-29 with Law categories.
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.
Law As A Social System
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Author : Niklas Luhmann
language : en
Publisher: Oxford Socio-Legal Studies
Release Date : 2004
Law As A Social System written by Niklas Luhmann and has been published by Oxford Socio-Legal Studies this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
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 Society
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Author : Knut Papendorf
language : en
Publisher: LIT Verlag Münster
Release Date : 2011
Understanding Law In Society written by Knut Papendorf and has been published by LIT Verlag Münster this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Sociological jurisprudence categories.
The sociology of law has made impressive progress over the last decades. The present volume brings together scholars from Austria, Britain, Germany and Scandinavia to discuss major developments. The book starts with analyses of the sociology of law advanced by the most outstanding theorists in the field, Max Weber and Niklas Luhmann. Their legacy is assessed by Hubert Treiber, Frank Welz and Inger-Johanne Sand. Next, Hakan Hyden emphases the gain sociology of law could have from a stronger focus on norms. Armin Holand and Ole Hammerslev ask about the effects courts have. Klaus F. Rohl provides an international overview on "alternatives of law", one of the main topics of socio-legal studies since the 1960s. The final article by Stefan Machura in this volume addresses the media's impact on the public's perception of the legal system.
Niklas Luhmann Law Justice Society
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Author : Andreas Philippopoulos-Mihalopoulos
language : en
Publisher: Routledge
Release Date : 2009-09-10
Niklas Luhmann Law Justice Society written by Andreas Philippopoulos-Mihalopoulos and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-09-10 with Law categories.
Niklas Luhmann: Law, Justice, Society presents the work of sociologist Niklas Luhmann in a radical new light. Luhmann’s theory is here introduced both in terms of society at large and the legal system specifically, and for the first time, Luhmann’s texts are systematically read together with theoretical insights from post-structuralism, deconstruction, phenomenology, radical ethics, feminism and post-ecologism. In his far-reaching book, Andreas Philippopoulos-Mihalopoulos distances Luhmann’s theory from its misrepresentations as conservative, rigorously positivist and disconnected from empirical reality, and firmly locates it in a sphere of post-ideological jurisprudence. The book operates both as a detailed explanation of the theory’s concepts and as the locus of a critique which brings forth Luhmann’s radical credentials. The focal points are Luhmann’s concept of society and the law’s paradoxical connection to justice. However, these concepts are also transgressed in order to show how the law deals with the illusion of its identity, and more broadly how the theory itself deals with its limitations. This is illustrated by examples drawn from human rights, constitutional theory and ecological thinking. On the whole, Niklas Luhmann: Law, Justice, Society serves both as an introductory text and as a critical response to Luhmann’s theory, and is recommended reading for students and researchers in sociology, law, social sciences, politics and whoever is interested in seeing the influential work of Niklas Luhmann from a critical new perspective.
Merging Law And Sociology
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Author : Reza Banakar
language : en
Publisher: Galda & Wilch
Release Date : 2003
Merging Law And Sociology written by Reza Banakar and has been published by Galda & Wilch this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Sociological jurisprudence categories.
A Sociological Theory Of Law
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Author : Niklas Luhmann
language : en
Publisher: Routledge
Release Date : 2013-10-30
A Sociological Theory Of Law written by Niklas Luhmann and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-30 with Law categories.
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.
Luhmann On Law And Politics
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Author : Michael King
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-02-27
Luhmann On Law And Politics written by Michael King and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-27 with Law categories.
Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.
A Sociology Of Jurisprudence
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Author : Richard Nobles
language : en
Publisher: Bloomsbury Publishing
Release Date : 2006-02-10
A Sociology Of Jurisprudence written by Richard Nobles and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-02-10 with Law categories.
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.
Law Society And Community
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Author : Richard Nobles
language : en
Publisher: Routledge
Release Date : 2016-04-22
Law Society And Community written by Richard Nobles and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
This collection of socio-legal studies, written by leading theorists and researchers from around the world, offers original, perceptive and critical contributions to ideas and theories that have been expounded by Roger Cotterrell over a long and distinguished career. Engaging with many classic issues and theories of the sociology of law, the contributions are likely to become classics themselves as they tackle some of the most significant challenges that modern law faces. They do not shy away from what one of the contributors describes as the complexity and multiplicity of our contemporary legal world. The book is organized in three parts: socio-legal themes; methodological and jurisprudential themes; globalization, cultural and comparative law themes. Starting with a chapter that re-engages with the need to interpret legal ideas sociologically, and ending with one that explores the global significance of modern fascination with the idea of the rule of law, this selection offers important additions to the oeuvre of Roger Cotterrell (a list of whose academic writings is included in the book).
Exploring The Legal In Socio Legal Studies
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Author : David Cowan
language : en
Publisher: Springer
Release Date : 2019-03-01
Exploring The Legal In Socio Legal Studies written by David Cowan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-03-01 with Law categories.
Socio-legal studies have had an ambivalent relationship with the 'legal' – one of its defining aspects, but at the same time one that the discipline has sought to transcend or even leave behind. While socio-legal studies benefit hugely from the insights, methods and theories of other social science and humanity disciplines, the contributions to Exploring the 'Legal' in Socio-Legal Studies illustrate the value of a focus on the 'legal'. The chapters in this book combine traditional legal materials and analyses with other ways of engaging empirically with the 'legal'. They illustrate the rich potential of the 'legal' as a site both for theoretical and methodological reflection and for case study analysis. Taken as a whole, this volume demonstrates that methodological discussion is most helpful when rooted in empirical cases, and that the best case studies also help us to develop our methodologies. Bringing methodology and empirical analysis together offers an opportunity to reflect on socio-legal studies and develop the discipline in productive new directions.