Autopoiesis and Discourse in Legal Theory PDF Download

Author: Lieve Gies
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Gunther Teubner
Publisher: Walter de Gruyter
ISBN: 3110876450
Category : Law
Languages : en
Pages : 389

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Author: Gunther Teubner
Publisher: Manchester University Press
ISBN: 1526107244
Category : Philosophy
Languages : en
Pages : 410

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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: Jiří Přibáň
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 328

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A collection of papers presented at the workshop "Consequences of the Autopoietic Law Theory", held in Cardiff, March 2000. The papers featured in this book have been edited.

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: Jirí Pribán
Publisher: Routledge
ISBN: 9781138728394
Category :
Languages : en
Pages :

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This title was first published in 2001.A collection of important essays on the consequences of the Autopoietic theory of law, with contributions from a wide range of leading theorists from different legal jurisdictions, including an original paper by Gunther Teubner.

Author: Gunther Teubner
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3112329880
Category : Law
Languages : en
Pages : 352

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No detailed description available for "Dilemmas of Law in the Welfare State".

Author: E.A. Christodoulidis
Publisher: Springer Science & Business Media
ISBN: 9401139679
Category : Law
Languages : en
Pages : 403

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Book Description
Law is the great concealer; and law is everywhere. Or so claimed Marxists once upon a time. [Law] was imbricated within the mode of production and productive relations themselves . . . it intruded brusquely within alien categories, re-appearing bewigged and gowned in the form of ideology; . . . it was an arm of politics and politics was one of its arms; it was an academic discipline, subjected to the rigour of its own autonomous logic, it contributed to the definition of the self-identity of both the rulers 1 and the ruled. Does the old critique of domination still hold any sway? Apparently not. Or so even scholars of the far Left keep reminding us in their eagerness to embrace law and proclaim their allegiance to the new constitutional politics of civil society. Old Marxists now describe popular sovereignty as 'co-original' with, and democracy 'internally linked' to 2 constitutional rights and find it hard to remember what it was they once disagreed with liberals about. No tension left between emancipatory politics and oppressive law; instead we have reciprocal constitution, simultaneous realisation. In the Left's embracing of the new constitutionalisms its old critique of law - the critique of the law's concealment of class inequality, class conflict and class action - is left behind.

Author: MaksymilianDel Mar
Publisher: Routledge
ISBN: 1351560468
Category : Law
Languages : en
Pages : 901

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Book Description
Ever since H.L.A. Hart's self-description of The Concept of Law as an 'exercise in descriptive sociology', contemporary legal theorists have been debating the relationship between legal theory and sociology, and between legal theory and social science more generally. There have been some who have insisted on a clear divide between legal theory and the social sciences, citing fundamental methodological differences. Others have attempted to bridge gaps, revealing common challenges and similar objects of inquiry. Collecting the work of authors such as Martin Krygier, David Nelken, Brian Tamanaha, Lewis Kornhauser, Gunther Teubner and Nicola Lacey, this volume - the second in a three volume series - provides an overview of the major developments in the last thirty years. The volume is divided into three sections, each discussing an aspect of the relationship of legal theory and the social sciences: 1) methodological disputes and collaboration; 2) common problems, especially as they concern different modes of explanation of social behaviour; and 3) common objects, including, most prominently, the study of language in its social context and normative pluralism.

Author: Peter Goodrich
Publisher: Springer
ISBN: 1349112836
Category : Social Science
Languages : en
Pages : 273

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Book Description
Lawyers and the law have long been the object of popular criticism and satire for the obscurity and incomprehensibility of their language. Legal Discourse provides a novel historical and systematic account of the language of the legal institution together with a sustained criticism of legal exegesis and `legalese' more generally. In the first part of the work the doctrinal history of the legal discipline and its concepts of language, text and sign are examined and assessed. In the second part the contemporary disciples of linguistics, discourse analysis and communication studies are brought to bear upon the task of constructing a theory of legal discourse as a linguistics of legal power.