Author: Gunther Teubner
Publisher: Walter de Gruyter
ISBN: 3110876450
Category : Law
Languages : en
Pages : 389

Get Book Here

Book Description

Author: Gunther Teubner
Publisher: Wiley-Blackwell
ISBN: 9780631179764
Category : Social Science
Languages : en
Pages : 203

Get Book Here

Book Description
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.

Author: John Mingers
Publisher: Springer Science & Business Media
ISBN: 1489910220
Category : Science
Languages : en
Pages : 249

Get Book Here

Book Description
John Mingers' new volume, Self-Producing Systems: Implications and Ap plications of Autopoiesis, is a much-needed reference on autopoiesis, a subject penetrating many disciplines today. I can genuinely say that I enjoyed reading the book as it took me stage by stage through a clear and easy-to-grasp understanding of the concepts and ideas of auto poiesis and then, as the book's title suggests, on through their applica tions. I found the summary in Chapter 12 particularly useful, helping to crystalize the main points of each chapter. The book conveyed enthusi asm for the subject and stimulated my interest in it. At times the book is demanding, but only because of the breadth of the subject matter, the terms and concepts associated with its parts, and the challenge of keep ing hold of all this in the mind at once. This is an exceptional text. ROBERT L. FLOOD Hull, UK Preface In recent years Maturana's and Varela's concept of autopoiesis, origi nally a biological concept, has made a remarkable impact not just on a single area, but across widely differing disciplines such as sociology, policy science, psychotherapy, cognitive science, and law. Put very briefly, the term autopoiesis connotes the idea that certain types of sys tems exist in a particular manner-they are self-producing systems. In their operations they continuously produce their own constituents, their own components, which then participate in these same production pro cesses.

Author: Roger Cotterrell
Publisher: Oxford University Press
ISBN: 9780198264903
Category : Law
Languages : en
Pages : 404

Get Book Here

Book Description
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.

Author: M. King
Publisher: Springer
ISBN: 0230503586
Category : Social Science
Languages : en
Pages : 273

Get Book Here

Book Description
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.

Author: Niklas Luhmann
Publisher: Oxford Socio-Legal Studies
ISBN: 9780198262381
Category : Law
Languages : en
Pages : 524

Get Book Here

Book Description
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.

Author: Jens Drolshammer
Publisher: BRILL
ISBN: 9004481966
Category : Law
Languages : en
Pages : 550

Get Book Here

Book Description

Author: Mark J Smith
Publisher: Routledge
ISBN: 113629600X
Category : Political Science
Languages : en
Pages : 300

Get Book Here

Book Description
In the last two decades, objects of analysis such as 'the state' have increasingly been seen as uncertain and contested theoretical concepts. Mark J. Smith presents a counter argument that highlights how existing theoretical approaches can provide useful tools for understanding contemporary political developments.

Author: H.R. Maturana
Publisher: Springer Science & Business Media
ISBN: 9400989474
Category : Science
Languages : en
Pages : 172

Get Book Here

Book Description
This is a bold, brilliant, provocative and puzzling work. It demands a radical shift in standpoint, an almost paradoxical posture in which living systems are described in terms of what lies outside the domain of descriptions. Professor Humberto Maturana, with his colleague Francisco Varela, have undertaken the construction of a systematic theoretical biology which attempts to define living systems not as they are objects of observation and description, nor even as in teracting systems, but as self-contained unities whose only reference is to them selves. Thus, the standpoint of description of such unities from the 'outside', i. e. , by an observer, already seems to violate the fundamental requirement which Maturana and Varela posit for the characterization of such system- namely, that they are autonomous, self-referring and self-constructing closed systems - in short, autopoietic systems in their terms. Yet, on the basis of such a conceptual method, and such a theory of living systems, Maturana goes on to define cognition as a biological phenomenon; as, in effect, the very nature of all living systems. And on this basis, to generate the very domains of interac tion among such systems which constitute language, description and thinking.

Author: Paul Burke
Publisher: ANU E Press
ISBN: 1921862432
Category : Social Science
Languages : en
Pages : 336

Get Book Here

Book Description
Anthropologists have been appearing as key expert witnesses in native title claims for over 20 years. Until now, however, there has been no theoretically-informed, detailed investigation of how the expert testimony of anthropologists is formed and how it is received by judges. This book examines the structure and habitus of both the field of anthropology and the juridical field and how they have interacted in four cases, including the original hearing in the Mabo case. The analysis of background material has been supplemented by interviews with the key protagonists in each case. This allows the reader a unique, insider's perspective of the courtroom drama that unfolds in each case. The book asks, given the available ethnographic research, how will the anthropologist reconstruct it in a way that is relevant to the legal doctrine of native title when that doctrine gives a wide leeway for interpretation on the critical questions.