Law as a Social System

Law as a Social System PDF Author: Niklas Luhmann
Publisher: Oxford Socio-Legal Studies
ISBN: 9780198262381
Category : Law
Languages : en
Pages : 524

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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.

Law as a Social System

Law as a Social System PDF 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.

Law as a Social System

Law as a Social System PDF Author: Niklas Luhmann
Publisher: Oxford University Press, USA
ISBN: 9780199546121
Category : Justice
Languages : en
Pages : 0

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Book Description
Modern systems theory provides a new method for the analysis of society through an examination of the structures of its communications. In this volume, Niklas Luhmann, the theory's leading exponent, explores its implications for our understanding of law. Luhmann argues that current thinking about how law operates within a modern society is seriously deficient. He lays out the theoretical and methodological tools that, he argues, can advance our understanding of contemporary society and in particular of the identity, performance, and function of the legal system within that society. In systems theory, society is its communications: they are its empirical reality; the items that can be observed and studied. Systems theory identifies how communications operate within a physical world and how different sub-systems of communication operate alongside each other. In this volume, Luhmann uses systems theory to address a question central to legal theory: what differentiates law from other social practices? However, unlike conventional legal theory this volume seeks to provide an answer in terms of a general social theory: a methodology that answers the 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 sociological approach offers profound insights into the relationships between law and other social systems.

Sociology of Law as the Science of Norms

Sociology of Law as the Science of Norms PDF Author: Håkan Hydén
Publisher: Routledge
ISBN: 1000533107
Category : Law
Languages : en
Pages : 316

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Book Description
This book proposes the study of norms as a method of explaining human choice and behaviour by introducing a new scientific perspective. The science of norms may here be broadly understood as a social science which includes elements from both the behavioural and legal sciences. It is given that a science of norms is not normative in the sense of prescribing what is right or wrong in various situations. Compared with legal science, sociology of law has an interest in the operational side of legal rules and regulation. This book develops a synthesizing social science approach to better understand societal development in the wake of the increasingly significant digital technology. The underlying idea is that norms as expectations today are not primarily related to social expectations emanating from human interactions but come from systems that mankind has created for fulfilling its needs. Today the economy, via the market, and technology via digitization, generate stronger and more frequent expectations than the social system. By expanding the sociological understanding of norms, the book makes comparisons between different parts of society possible and creates a more holistic understanding of contemporary society. The book will be of interest to academics and researchers in the areas of sociology of law, legal theory, philosophy of law, sociology and social psychology.

A Sociological Theory of Law

A Sociological Theory of Law PDF Author: Niklas Luhmann
Publisher: Routledge
ISBN: 1135142556
Category : Law
Languages : en
Pages : 470

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Book Description
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.

Talcott Parsons on Law and the Legal System

Talcott Parsons on Law and the Legal System PDF Author: A. Javier Treviño
Publisher: Cambridge Scholars Publishing
ISBN: 1527565459
Category : Law
Languages : en
Pages : 425

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Book Description
One of the great ironies in contemporary sociology of law is that despite Talcott Parsons’s enormously influential role as “the midwife of modern sociology,” coupled with his three decades of focused and sustained analysis of the legal system’s location in a total and complex society, it is nothing short of appalling that his particular social systems approach to law has been largely neglected. Indeed, although Parsons made only cursory mention of law in some of his best-known works, he extensively discussed the role of the legal system in no less than five important papers and two somewhat lengthy book reviews. What is more, in the two slim paperbacks where Parsons applies his cybernetic systems theory in explaining the progression from premodern to modern societies, he considers law to be an essential element in the analysis of just about every society under consideration: ancient Egypt and the Mesopotamian empires; China, India, and the Islamic empires; the Roman empire; Israel and Greece; medieval Western Christendom; the United States. This volume, the first of its kind, is the most complete articulation of Parsons’s treatment of the U.S. legal system’s nature and function during the late-twentieth century. In addition to a lengthy Introduction by the editor, the book consists of 26 readings, taken from the full range of Parsons’s books and papers, which, in toto, render a detailed analytical roadmap that can today guide much of our sociological thinking concerning such contemporary social issues related to law as citizenship, trust, and governmentality. More than this, Parsons’s writings on the courts and the legal profession—both of which he believed to constitute the core of an integrative U.S. citizenry—can inform policy-makers’ decisions concerning such controversial issues as immigration, civil rights, and legal ethics.

SOU-CCJ230 Introduction to the American Criminal Justice System

SOU-CCJ230 Introduction to the American Criminal Justice System PDF Author: Alison Burke
Publisher:
ISBN: 9781636350684
Category :
Languages : en
Pages :

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Book Description


Niklas Luhmann's Theory of Politics and Law

Niklas Luhmann's Theory of Politics and Law PDF Author: M. King
Publisher: Springer
ISBN: 0230503586
Category : Social Science
Languages : en
Pages : 273

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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.

Social Systems

Social Systems PDF Author: Niklas Luhmann
Publisher: Stanford University Press
ISBN: 9780804726252
Category : Social Science
Languages : en
Pages : 692

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Book Description
Germany's most prominent social thinker here sets out a contribution to sociology that aims to rework our understanding of meaning and communication. He links social theory to recent theoretical developments in scientific disciplines.

Social Movements and the Legal System

Social Movements and the Legal System PDF Author: Joel F. Handler
Publisher:
ISBN:
Category : History
Languages : en
Pages : 280

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Book Description


Art as a Social System

Art as a Social System PDF Author: Niklas Luhmann
Publisher: Stanford University Press
ISBN: 9780804739078
Category : Philosophy
Languages : en
Pages : 444

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Book Description
This is the definitive analysis of art as a social and perceptual system by Germany's leading social theorist of the late 20th century. It combines three decades of research in the social sciences, phenomenology, evolutionary biology, cybernetics, and information theory with an intimate knowledge of art history, literature, aesthetics, and contemporary literary theory.