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Critical theory and legal autopoiesis

Critical theory and legal autopoiesis PDF Author: Gunther Teubner
Publisher: Manchester University Press
ISBN: 1526107244
Category : Philosophy
Languages : en
Pages : 410

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.

Critical theory and legal autopoiesis

Critical theory and legal autopoiesis PDF Author: Gunther Teubner
Publisher: Manchester University Press
ISBN: 1526107244
Category : Philosophy
Languages : en
Pages : 410

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.

Autopoietic Law - A New Approach to Law and Society

Autopoietic Law - A New Approach to Law and Society PDF Author: Gunther Teubner
Publisher: Walter de Gruyter
ISBN: 3110876450
Category : Law
Languages : en
Pages : 389

Book Description


Law's New Boundaries

Law's New Boundaries PDF Author: Jiří Přibáň
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 328

Book Description
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.

Law's New Boundaries

Law's New Boundaries PDF Author: Jirí Pribán
Publisher:
ISBN: 9781315190532
Category : Electronic books
Languages : en
Pages :

Book Description
"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."--Provided by publisher.

Law as an Autopoietic System

Law as an Autopoietic System PDF Author: Gunther Teubner
Publisher: Wiley-Blackwell
ISBN: 9780631179764
Category : Social Science
Languages : en
Pages : 203

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.

Niklas Luhmann: Law, Justice, Society

Niklas Luhmann: Law, Justice, Society PDF Author: Andreas Philippopoulos-Mihalopoulos
Publisher: Routledge
ISBN: 1135211280
Category : Law
Languages : en
Pages : 248

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.

Dilemmas of Law in the Welfare State

Dilemmas of Law in the Welfare State PDF Author: Gunther Teubner
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3112329880
Category : Law
Languages : en
Pages : 352

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

Autopoiesis and Discourse in Legal Theory

Autopoiesis and Discourse in Legal Theory PDF Author: Lieve Gies
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description


Critical theory and epistemology

Critical theory and epistemology PDF Author: Anastasia Marinopoulou
Publisher: Manchester University Press
ISBN: 1526105381
Category : Philosophy
Languages : en
Pages : 279

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.

Niklas Luhmann's Theory of Politics and Law

Niklas Luhmann's Theory of Politics and Law PDF Author: M. King
Publisher: Springer
ISBN: 0230503586
Category : Social Science
Languages : en
Pages : 273

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.