Niklas Luhmann's Theory of Politics and Law

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Author :
Publisher : Springer
ISBN 13 : 0230503586
Total Pages : 273 pages
Book Rating : 4.2/5 (35 download)

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Book Synopsis Niklas Luhmann's Theory of Politics and Law by : M. King

Download or read book Niklas Luhmann's Theory of Politics and Law written by M. King and published by Springer. This book was released on 2003-09-16 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Luhmann on Law and Politics

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847312144
Total Pages : 216 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Luhmann on Law and Politics by : Michael King

Download or read book Luhmann on Law and Politics written by Michael King and published by Bloomsbury Publishing. This book was released on 2006-02-27 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.

Law as a Social System

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Publisher : Oxford Socio-Legal Studies
ISBN 13 : 9780198262381
Total Pages : 524 pages
Book Rating : 4.2/5 (623 download)

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Book Synopsis Law as a Social System by : Niklas Luhmann

Download or read book Law as a Social System written by Niklas Luhmann and published by Oxford Socio-Legal Studies. This book was released on 2004 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Niklas Luhmann: Law, Justice, Society

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Author :
Publisher : Routledge
ISBN 13 : 1135211280
Total Pages : 248 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Niklas Luhmann: Law, Justice, Society by : Andreas Philippopoulos-Mihalopoulos

Download or read book Niklas Luhmann: Law, Justice, Society written by Andreas Philippopoulos-Mihalopoulos and published by Routledge. This book was released on 2009-09-10 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Luhmann and Law

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Author :
Publisher : Routledge
ISBN 13 : 1000109054
Total Pages : 606 pages
Book Rating : 4.0/5 (1 download)

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Book Synopsis Luhmann and Law by : Christopher Thornhill

Download or read book Luhmann and Law written by Christopher Thornhill and published by Routledge. This book was released on 2022-01-27 with total page 606 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann wrote a number of works which have decisively shaped the recent development of legal science as a theoretical discipline. Some basic elements of his theory have been widely appropriated by other legal theorists, such that it is difficult to imagine contemporary reflection in legal theory, and above all legal sociology, without Luhmann. This collection brings together the most important canonical and cutting-edge papers on Luhmann’s legal thought. It is introduced in a comprehensive editorial piece by the editor which locates the articles in context and explores the issues and topics at hand.

Luhmann and Socio-Legal Research

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Publisher : Routledge
ISBN 13 : 1000261115
Total Pages : 297 pages
Book Rating : 4.0/5 (2 download)

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Book Synopsis Luhmann and Socio-Legal Research by : Celso Fernandes Campilongo

Download or read book Luhmann and Socio-Legal Research written by Celso Fernandes Campilongo and published by Routledge. This book was released on 2020-12-29 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Sociological Theory of Law

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Author :
Publisher : Routledge
ISBN 13 : 1135142556
Total Pages : 424 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis A Sociological Theory of Law by : Niklas Luhmann

Download or read book A Sociological Theory of Law written by Niklas Luhmann and published by Routledge. This book was released on 2013-10-30 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

A Sociology of Jurisprudence

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847311806
Total Pages : 264 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis A Sociology of Jurisprudence by : Richard Nobles

Download or read book A Sociology of Jurisprudence written by Richard Nobles and published by Bloomsbury Publishing. This book was released on 2006-02-10 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and/or source of law, the nature of law's determinacy or indeterminacy, and the role of justice. The authors' introduction to Luhmann's systems theory concentrates on the concept of closure and the distinct disposition of law's openness to its environment. From this beginning, the book goes on to offer a sustained and methodical application of systems theory to some of the traditional forms of jurisprudence: natural law and its relationship with legal positivism, Dworkin's version of natural law, Kelsen's version of legal positivism, and Critical Legal Studies. This application of systems theory alters our perception of jurisprudence and better enables us to understand its role within law.

Niklas Luhmann

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Author :
Publisher : Taylor & Francis
ISBN 13 : 1134008309
Total Pages : 185 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Niklas Luhmann by : Christian Borch

Download or read book Niklas Luhmann written by Christian Borch and published by Taylor & Francis. This book was released on 2011-03-31 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann offers an accessible introduction to one of the most important sociologists of our time. It presents the key concepts within Luhmann’s multifaceted theory of modern society, and compares them with the work of other key social theorists such as Jürgen Habermas, Michel Foucault, and Zygmunt Bauman. The book pays particular attention to introducing and discussing Luhmann’s original sociological systems theory. It presents a thorough investigation into the different phases of his oeuvre, through which both the shifting emphases as well as the continuities in his thinking are shown. The primary focus of this text is Luhmann’s theory of modern society as being differentiated into a plethora of ‘function systems’ – such as politics, law, and economy – which operate according to their own distinct logics and which cannot interfere with one another. For Luhmann, this functional differentiation works as a bulwark against totalitarian rule, and as such is a key foundation of modern democracy. Furthermore, the book critically examines the implications of this functional differentiation for inclusion and exclusion dynamics, as well as for the understanding of power and politics. This is a key text for both undergraduate and postgraduate students of areas including contemporary social theory, political sociology, and sociology.

A Sociological Theory of Law

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Author :
Publisher : Routledge
ISBN 13 : 1135142637
Total Pages : 480 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis A Sociological Theory of Law by : Niklas Luhmann

Download or read book A Sociological Theory of Law written by Niklas Luhmann and published by Routledge. This book was released on 2013-10-30 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

Observing International Relations

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Publisher : Routledge
ISBN 13 : 1134376499
Total Pages : 309 pages
Book Rating : 4.1/5 (343 download)

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Book Synopsis Observing International Relations by : Mathias Albert

Download or read book Observing International Relations written by Mathias Albert and published by Routledge. This book was released on 2004-07-31 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Observing International Relations draws upon the modern systems theory of society, developed by Niklas Luhmann, to provide new perspectives on central aspects of contemporary world society and to generate theoretically informed insights on the possibilities and limits of regulation in global governance. The authors develop a Luhmannian theory of world society by contrasting it with competing notions of international society, critically discussing the use of modern systems theory in international relations theory and assessing its treatment of central concepts within international relations, such as power, sovereignty, governance and war.

Habermas

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Publisher : Stanford University Press
ISBN 13 : 0804777810
Total Pages : 352 pages
Book Rating : 4.8/5 (47 download)

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Book Synopsis Habermas by : Hugh Baxter

Download or read book Habermas written by Hugh Baxter and published by Stanford University Press. This book was released on 2011-05-17 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights. A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.

The Radical Luhmann

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Publisher : Columbia University Press
ISBN 13 : 0231527179
Total Pages : 183 pages
Book Rating : 4.2/5 (315 download)

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Book Synopsis The Radical Luhmann by : Hans-Georg Moeller

Download or read book The Radical Luhmann written by Hans-Georg Moeller and published by Columbia University Press. This book was released on 2011-11-15 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann (1927-1998) was a German sociologist and system theorist who wrote on law, economics, politics, art, religion, ecology, mass media, and love. Luhmann advocated a radical constructivism and antihumanism, or "grand theory," to explain society within a universal theoretical framework. Nevertheless, despite being an iconoclast, Luhmann is viewed as a political conservative. Hans-Georg Moeller challenges this legacy, repositioning Luhmann as an explosive thinker critical of Western humanism. Moeller focuses on Luhmann's shift from philosophy to theory, which introduced new perspectives on the contemporary world. For centuries, the task of philosophy meant transforming contingency into necessity, in the sense that philosophy enabled an understanding of the necessity of everything that appeared contingent. Luhmann pursued the opposite—the transformation of necessity into contingency. Boldly breaking with the heritage of Western thought, Luhmann denied the central role of humans in social theory, particularly the possibility of autonomous agency. In this way, after Copernicus's cosmological, Darwin's biological, and Freud's psychological deconstructions of anthropocentrism, he added a sociological "fourth insult" to human vanity. A theoretical shift toward complex system-environment relations helped Luhmann "accidentally" solve one of Western philosophy's primary problems: mind-body dualism. By pulling communication into the mix, Luhmann rendered the Platonic dualist heritage obsolete. Moeller's clarity opens such formulations to general understanding and directly relates Luhmannian theory to contemporary social issues. He also captures for the first time a Luhmannian attitude toward society and life, defined through the cultivation of modesty, irony, and equanimity.

A Theory of World Politics

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107146534
Total Pages : 279 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis A Theory of World Politics by : Mathias Albert

Download or read book A Theory of World Politics written by Mathias Albert and published by Cambridge University Press. This book was released on 2016-04-21 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This analysis of the historical evolution and contemporary form of the system of world politics utilizes contemporary theories and debates in sociology and global history. Critically reflecting also on world politics in the field of international relations, this book will appeal to a wide readership in a range of fields.

Observing Law through Systems Theory

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Publisher : Bloomsbury Publishing
ISBN 13 : 1782250123
Total Pages : 286 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Observing Law through Systems Theory by : Richard Nobles

Download or read book Observing Law through Systems Theory written by Richard Nobles and published by Bloomsbury Publishing. This book was released on 2012-12-07 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

A Sociology of Jurisprudence

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Publisher :
ISBN 13 : 9781472563552
Total Pages : 249 pages
Book Rating : 4.5/5 (635 download)

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Book Synopsis A Sociology of Jurisprudence by : Richard Nobles

Download or read book A Sociology of Jurisprudence written by Richard Nobles and published by . This book was released on 2006 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Niklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This ap.

Niklas Luhmann

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Author :
Publisher : Springer
ISBN 13 : 3319499750
Total Pages : 127 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Niklas Luhmann by : Claudio Baraldi

Download or read book Niklas Luhmann written by Claudio Baraldi and published by Springer. This book was released on 2016-11-21 with total page 127 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an insight into the ideas of one of the world’s greatest sociologists: Niklas Luhmann. It explains, in clear and concise language, the basic concepts of Social Systems Theory and their application to the specific case of the Education System, which was considered by Luhmann as a primary subsystem of modern society. It illustrates the complex and sophisticated thinking that characterises Luhmann’s work and explains that Luhmann’s theory has given an important and original contribution to the study of education from a sociological point of view. His contribution has some resonance in recent social constructionist and relational approaches to education, as well as in studies of educational interaction. In addition, research methodologies, in particular mixed methods strategies, draw heavily on epistemological issues. The book finally argues that educationists can appreciate the extent of Luhmann’s contribution to the field of education, although their perspective cannot be fully harmonised with, nor reduced to, the sociological one. This divergence of perspectives can stimulate pedagogy to call into question its conceptual framework as well its approach to social situations in the classroom.