Critical theory and legal autopoiesis PDF Download

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: 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: 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: 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: 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: 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.

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: Niklas Luhmann
Publisher: Stanford University Press
ISBN: 9780804741231
Category : Social Science
Languages : en
Pages : 244

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Book Description
The essays in this volume formulate what is considered to be the preconditions for an adequate theory of modern society. The volume starts with an examination of the modern European philosophical and scientific tradition notably the phenomenology of Edmund Husserl.