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Author: Gunther Teubner
Publisher: Manchester University Press
ISBN: 1526107244
Category : Philosophy
Languages : en
Pages : 418
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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.
Author: Gunther Teubner
Publisher: Manchester University Press
ISBN: 1526107244
Category : Philosophy
Languages : en
Pages : 418
Get Book Here
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.
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.
Author: Anastasia Marinopoulou
Publisher: Manchester University Press
ISBN: 1526105381
Category : Philosophy
Languages : en
Pages : 279
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Book Description
This volume in the Critical Theory and Contemporary Society series explores the arguments between critical theory and epistemology in the twentieth and twenty-first centuries. Focusing on the first and second generations of critical theorists and Luhmann’s systems theory, the book examines how each approaches epistemology. It opens by looking at twentieth-century epistemology, particularly the concept of lifeworld (Lebenswelt). It then moves on to discuss structuralism, poststructuralism, critical realism, the epistemological problematics of Foucault’s writings and the dialectics of systems theory. The aim is to explore whether the focal point for epistemology and the sciences remain that social and political interests actually form a concrete point of concern for the sciences as well.
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: 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: Celso Fernandes Campilongo
Publisher:
ISBN: 9781003120391
Category : Law
Languages : en
Pages : 0
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Book Description
This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927-1998) in relation to empirical socio-legal studies. This is a sociological and legal theory known for its highly complex and abstract conceptual apparatus. But how to change its scale in order to study more localised phenomena, and to deal with empirical data, such as case law, statutes, constitutions and regulation? This is the concern of a wide variety of scholars from many regions engaged in this volume. It focuses on methodological discussions and empirical examples concerning the innovations and potentials that functional and systemic approaches can bring to the study of legal phenomena (institutions building, argumentation and dispute-settlement), in the interface with economy and regulation, and with politics and public policies. It also discusses connections and contrasts with other jurisprudential approaches - for instance, with critical theory, law and economics, and traditional empirical research in law. Two decades after Luhmann's death, the 21st century has brought countless transformations in technologies and institutions. These changes, resulting in a hyper-connected, ultra-interactive world society bring operational and reflective challenges to the functional systems of law, politics and economy, to social movements and protests, and to major organisational systems, such as courts and enterprises, parliaments and public administration. Pursuing an empirical approach, this book details the variable forms by which systems construct their own structures and semantics and 'irritate' each other. Engaging Luhmann's theoretical apparatus with empirical research in law, this book will be of interest to students and researchers in the field of socio-legal studies, the sociology of law, legal history and jurisprudence.
Author: Roger Cotterrell
Publisher: Oxford University Press
ISBN: 9780198264903
Category : Law
Languages : en
Pages : 404
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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: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 113539167X
Category : Law
Languages : en
Pages : 272
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Book Description
Offering a novel, transdisciplinary approach to environmental law, its principles, mechanics and context, as tested in its application to the urban environment, this book traces the conceptual and material absence of communication between the human and the natural and controversially includes such an absence within a system of law and a system of geography which effectively remain closed to environmental considerations. The book looks at Niklas Luhmann's theory of autopoiesis. Introducing the key concepts and operations, contextualizing them and opening them up to critical analysis. Indeed, in contrast to most discussions on autopoiesis, it proposes a radically different reading of the theory, in line with critical legal, political, sociological, urban and ecological theories, while drawing from writings by Husserl and Derrida, as well as Latour, Blanchot, Haraway, Agamben and Nancy. It explores a range of topics in the areas of environmental law and urban geography, including: environmental risk, environmental rights, the precautionary principle, intergenerational equity and urban waste discourses on community, nature, science and identity. The author redefines the traditional foundations of environmental law and urban geography and suggests a radical way of dealing with scientific ignorance, cultural differences and environmental degradation within the perceived need for legal delivery of certainty.
Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1135308926
Category : Law
Languages : en
Pages : 347
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Book Description
Law and the City offers a lateral, critical and often unexpected description of some of the most important cities in the world, including Moscow, Istanbul, Berlin, Singapore, Athens, Mexico City, Toronto, Sydney, Johannesburg: each one from a distinctive legal perspective. An invaluable 'guide' to adopting a different approach to the city and its history, culture and everyday experience, Law and the City is not simply an exploration of the relationship between these two spheres. It details: a flourishing of law’s spatiality and urban legal locality an unfolding of both the juridical urban body and the city’s legal dreams, of both the ‘urban law’ and the ‘juridical polis’. Enlightening and at the same time problematizing the reader, this volume is an innovative collection of truly global dimensions that will prove compelling reading both for specialists and for critical travellers.
Author: Anders La Cour
Publisher: Springer
ISBN: 1137015292
Category : Philosophy
Languages : en
Pages : 546
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Book Description
This book, for the first time, brings Niklas Luhmann's work into dialogue with other theoretical positions, including Lacan, Derrida, Deleuze, gender studies, bioethics, translation, ANT, eco-theories and complexity theory.
