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Author: Gunther Teubner
Publisher: Walter de Gruyter
ISBN: 3110876450
Category : Law
Languages : en
Pages : 389
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Book Description
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
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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
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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: 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.
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.
Author: H.R. Maturana
Publisher: Springer Science & Business Media
ISBN: 9400989474
Category : Science
Languages : en
Pages : 172
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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: 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.
Author: Jiří Přibáň
Publisher: Routledge
ISBN: 1317106008
Category : Law
Languages : en
Pages : 243
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Book Description
Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
Author: Claudio Baraldi
Publisher: Springer
ISBN: 3319499750
Category : Education
Languages : en
Pages : 129
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Book Description
This book provides an insight into the ideas of one of the world’s greatest sociologists: Niklas Luhmann. It explains, in clear and concise language, the basic concepts of Social Systems Theory and their application to the specific case of the Education System, which was considered by Luhmann as a primary subsystem of modern society. It illustrates the complex and sophisticated thinking that characterises Luhmann’s work and explains that Luhmann’s theory has given an important and original contribution to the study of education from a sociological point of view. His contribution has some resonance in recent social constructionist and relational approaches to education, as well as in studies of educational interaction. In addition, research methodologies, in particular mixed methods strategies, draw heavily on epistemological issues. The book finally argues that educationists can appreciate the extent of Luhmann’s contribution to the field of education, although their perspective cannot be fully harmonised with, nor reduced to, the sociological one. This divergence of perspectives can stimulate pedagogy to call into question its conceptual framework as well its approach to social situations in the classroom.
Author: Gunther Teubner
Publisher: Critical Theory and Contemporary Society
ISBN: 9781526107220
Category : Autopoiesis
Languages : en
Pages : 408
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Book Description
This volume collects and revises the key essays of Gunther Teubner, one of the world's leading sociologists of law. Written over the past twenty years, these essays examine the 'dark side' of functional differentiation and the prospects of societal constitutionalism as a possible remedy. Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.
