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Author: Jamie Murray
Publisher: Routledge
ISBN: 1351658174
Category : Law
Languages : en
Pages : 292
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Book Description
This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.
Author: Jamie Murray
Publisher: Routledge
ISBN: 1351658174
Category : Law
Languages : en
Pages : 292
Get Book Here
Book Description
This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.
Author: Robert Geyer
Publisher: Edward Elgar Publishing
ISBN: 1782549528
Category : Political Science
Languages : en
Pages : 497
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Book Description
'Over recent years Complexity Science has revealed to us new limits to our possible knowledge and control in social, cultural and economic systems. Instead of supposing that past statistics and patterns will give us predictable outcomes for possible actions, we now know the world is, and will always be, creative and surprising. Continuous structural evolution within such systems may change the mechanisms, descriptors, problems and opportunities, often negating policy aims. We therefore need to redevelop our thinking about interventions, policies and policy making, moving perhaps to a humbler, more 'learning' approach. In this Handbook, leading thinkers in multiple domains set out these new ideas and allow us to understand how these new ideas are changing policymaking and policies in this new era.' - Peter M Allen, Cranfield University, UK
Author: Jordi Ferrer Beltrán
Publisher: Cambridge University Press
ISBN: 1316516997
Category : Law
Languages : en
Pages : 459
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Book Description
A global overview of evidentiary reasoning with contributions from leading authorities from different legal traditions and four continents.
Author: Deborah Tussey
Publisher: Routledge
ISBN: 131716282X
Category : Law
Languages : en
Pages : 156
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Book Description
This book draws on a wide selection of interdisciplinary literature discussing complex adaptive systems - including scholarship from economics, political science, evolutionary biology, cognitive science, and religion - to apply general complexity tenets to the institutions, conceptual framework, and theoretical justifications of the copyright system, both in the United States and internationally. The author argues that copyrighted works are the products of complex creative systems and, consequently, designers of copyright regimes for the global 'information ecosystem' should look to complexity theory for guidance. Urging legal scholars to undertake empirical studies of real-world copyright systems, Tussey reveals how the selection of workable configurations for the copyright regime is larger than that encompassed by the traditional, entirely theoretical, debate between private property rights and the commons. Finally, this unique study articulates how copyright law must tolerate certain chaotic elements that may be essential to the sustainability of complex systems.
Author: Pablo Iglesias-Rodriguez
Publisher: Springer
ISBN: 1137509562
Category : Social Science
Languages : en
Pages : 365
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Book Description
This international collection studies how the financial crisis of 2007 and the ensuing economic and political crises in Europe and North America have triggered a process of change in the field of economics, law and politics. Contributors to this book argue that both elites and citizens have had to rethink the nature of the market, the role of the state as a market regulator and as a provider of welfare, the role of political parties in representing society’s main political and social cleavages, the role of civil society in voicing the concerns of citizens, and the role of the citizen as the ultimate source of power in a democracy but also as a fundamentally powerless subject in a global economy. The book studies the actors, the areas and the processes that have carried forward the change and proposes the notion of ‘incomplete paradigm shift’ to analyse this change. Its authors explore the multiple dimensions of paradigm shifts and their differentiated evolution, arguing that today we witness an incomplete paradigm shift of financial regulations, economic models and welfare systems, but a stillbirth of a new political and economic paradigm.
Author: Anna Marie Brennan
Publisher: Routledge
ISBN: 1351965689
Category : Law
Languages : en
Pages : 256
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Book Description
Attacks by network-based transnational terrorist groups cause on average 25,000 deaths every year worldwide, with the law enforcement agencies of some states facing many challenges in bringing those responsible to justice. Despite various attempts to codify the law on transnational terrorism since the 1930s, a crime of transnational terrorism under international law remains contested, reflecting concerns regarding the relative importance of prosecuting members of transnational terrorist groups before the International Criminal Court. This book critically examines the limits of international criminal law in bringing members of transnational terrorist groups to justice in the context of changing methods of warfare, drawing from human rights, sociology, and best practices in international criminal justice. Drawing on organisational network theory, Anna Marie Brennan explores the nature of international crimes and assesses the potential for the International Criminal Court to prosecute and investigate alleged crimes perpetrated by members of transnational terrorist groups, paying particular attention to their modus operandi and organisational structure. This book argues that because of the network-based organisational structure of some transnational terrorist groups, achieving justice for victims will prove challenging, in the context of the relationship between the commanders and the subordinate members of the group requiring a re-evaluation of accountability mechanisms at the international level. In advancing an innovative perspective on the accountability of members of transnational terrorist groups, and in offering solutions to current challenges, the book will be of great interest and use to academic, practitioners, and students engaged in the study of terrorism, the ICC, or international humanitarian law.
Author: Pierpaolo Vivo
Publisher: Frontiers Media SA
ISBN: 2889761290
Category : Science
Languages : en
Pages : 185
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Book Description
Author: Ole W. Pedersen
Publisher: Cambridge University Press
ISBN: 1108475248
Category : Law
Languages : en
Pages : 255
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Book Description
Presents the first comprehensive reflection on the nature of environmental law scholarship from the perspectives of leading scholars in the field.
Author: Suri Ratnapala
Publisher: Cambridge University Press
ISBN: 1107292697
Category : Law
Languages : en
Pages : 433
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Book Description
Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.
Author: Stephen H. Kellert
Publisher: University of Chicago Press
ISBN: 0226429806
Category : Science
Languages : en
Pages : 303
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Book Description
What happens to scientific knowledge when researchers outside the natural sciences bring elements of the latest trend across disciplinary boundaries for their own purposes? Researchers in fields from anthropology to family therapy and traffic planning employ the concepts, methods, and results of chaos theory to harness the disciplinary prestige of the natural sciences, to motivate methodological change or conceptual reorganization within their home discipline, and to justify public policies and aesthetic judgments. Using the recent explosion in the use (and abuse) of chaos theory, Borrowed Knowledge and the Challenge of Learning across Disciplines examines the relationship between science and other disciplines as well as the place of scientific knowledge within our broader culture. Stephen H. Kellert’s detailed investigation of the myriad uses of chaos theory reveals serious problems that can arise in the interchange between science and other knowledge-making pursuits, as well as opportunities for constructive interchange. By engaging with recent debates about interdisciplinary research, Kellert contributes a theoretical vocabulary and a set of critical frameworks for the rigorous examination of borrowing.
