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Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1135211280
Category : Law
Languages : en
Pages : 248
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Book Description
This is the first book to consider German sociologist Niklas Luhmann's social theory in a critical legal context. His theory is introduced here both in terms of society at large and the legal system specifically, and the book reveals the aporetic structure of autopoiesis, aligning it with postmodern approaches to law. Readers will find it operates both as an introduction to the relevance of Luhmann's social theory for law, as well as a critical response to autopoiesis.
Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1135211280
Category : Law
Languages : en
Pages : 248
Get Book Here
Book Description
This is the first book to consider German sociologist Niklas Luhmann's social theory in a critical legal context. His theory is introduced here both in terms of society at large and the legal system specifically, and the book reveals the aporetic structure of autopoiesis, aligning it with postmodern approaches to law. Readers will find it operates both as an introduction to the relevance of Luhmann's social theory for law, as well as a critical response to autopoiesis.
Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1135211272
Category : Law
Languages : en
Pages : 474
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Book Description
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.
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: Jiří Přibáň
Publisher: Routledge
ISBN: 1317052099
Category : Law
Languages : en
Pages : 262
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Book Description
Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.
Author: Richard Nobles
Publisher: Bloomsbury Publishing
ISBN: 1782250123
Category : Law
Languages : en
Pages : 282
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Book Description
This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems. The authors demonstrate how this theory alters our understanding of some of the most important and controversial issues within law: the nature of judicial communication and legal argument; the claim that it can be right to disobey law; the character of legal pluralism and globalisation; time and its construction within law; the significance of the rule of law and human rights and the role of appeals to, and within, law. Systems theory enables the authors to demonstrate how the legal system observes its own operations through its own communications, and how this contrasts with the manner in which law is observed by other systems such as the media and politics. In this context the authors explore the constraints imposed by systems, in particular the legal system, upon the individuals who participate in them.
Author: Russell Sandberg
Publisher: Routledge
ISBN: 1317068025
Category : Religion
Languages : en
Pages : 301
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Book Description
In recent years, there have been a number of concerns about the recognition of religious laws and the existence of religious courts and tribunals. There has also been the growing literature on legal pluralism which seeks to understand how more than one legal system can and should exist within one social space. However, whilst a number of important theoretical works concerning legal pluralism in the context of cultural rights have been published, little has been published specifically on religion. Religion and Legal Pluralism explores the extent to which religious laws are already recognised by the state and the extent to which religious legal systems, such as Sharia law, should be accommodated.
Author: Russell Sandberg
Publisher: Edward Elgar Publishing
ISBN: 1784714852
Category : Law
Languages : en
Pages : 467
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Book Description
Following 9/11, increased attention has been given to the place of religion in the public sphere. Across the world, Law and Religion has developed as a sub-discipline and scholars have grappled with the meaning and effect of legal texts upon religion. The questions they ask, however, cannot be answered by reference to Law alone therefore their work has increasingly drawn upon work from other disciplines. This Research Handbook assists by providing introductory but provocative essays from experts on a range of concepts, perspectives and theories from other disciplines, which can be used to further Law and Religion scholarship.
Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 131770276X
Category : Law
Languages : en
Pages : 278
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Book Description
There can be no justice that is not spatial. Against a recent tendency to despatialise law, matter, bodies and even space itself, this book insists on spatialising them, arguing that there can be neither law nor justice that are not articulated through and in space. Spatial Justice presents a new theory and a radical application of the material connection between space – in the geographical as well as sociological and philosophical sense – and the law – in the broadest sense that includes written and oral law, but also embodied social and political norms. More specifically, it argues that spatial justice is the struggle of various bodies – human, natural, non-organic, technological – to occupy a certain space at a certain time. Seen in this way, spatial justice is the most radical offspring of the spatial turn, since, as this book demonstrates, spatial justice can be found in the core of most contemporary legal and political issues – issues such as geopolitical conflicts, environmental issues, animality, colonisation, droning, the cyberspace and so on. In order to ague this, the book employs the lawscape, as the tautology between law and space, and the concept of atmosphere in its geological, political, aesthetic, legal and biological dimension. Written by a leading theorist in the area, Spatial Justice: Body, Lawscape, Atmosphere forges a new interdisciplinary understanding of space and law, while offering a fresh approach to current geopolitical, spatiolegal and ecological issues.
Author: Jeffrey R. Di Leo
Publisher: Bloomsbury Publishing USA
ISBN: 1501361953
Category : Literary Criticism
Languages : en
Pages : 529
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Book Description
Disciplines from literary studies to environmentalism have recently undergone a spectacular reorientation that has refocused entire fields, methodologies, and vocabularies on the world and its sister terms such as globe, planet, and earth. The Bloomsbury Handbook of World Theory examines what “world” means and what it accomplishes in different zones of academic study. The contributors raise questions such as: What happens when “world” is appended to a particular form of humanistic or scientific inquiry? How exactly does “worlding” bear on the theoretical operating system and the history of that field? What is the theory or theoretical model that allows “world” to function in a meaningful way in coordination with that knowledge domain? With contributions from 38 leading theorists from a vast range of fields, including queer studies, religion, and pop culture, this is the first large reference work to consider the profound effect, both within and outside the academy, of the worlding of discourse in the 21st century.
