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Autopoiesis And Discourse In Legal Theory
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Book Synopsis Autopoietic Law - A New Approach to Law and Society by : Gunther Teubner
Download or read book Autopoietic Law - A New Approach to Law and Society written by Gunther Teubner and published by Walter de Gruyter. This book was released on 2011-07-13 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Theory and the Social Sciences by : MaksymilianDel Mar
Download or read book Legal Theory and the Social Sciences written by MaksymilianDel Mar and published by Routledge. This book was released on 2017-07-05 with total page 901 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia by : Penelope Nicholson
Download or read book Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia written by Penelope Nicholson and published by BRILL. This book was released on 2008-10-31 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal transplantation and reform in the name of globalisation is central to the transformation of Asian legal systems. The contributions to Examining Practice, Interrogating Theory: Comparative Legal Studies in Asia analyse particular legal changes in China, Indonesia, Malaysia, Singapore, Thailand, Taiwan, and Vietnam. The contributions also concurrently critically analyse the utility of scholarly developments in comparative legal studies, particularly discourse analysis; regulatory theory; legal pluralism; and socio-legal approaches, in the study of Asian legal systems. While these approaches are regularly invoked in the study of transforming European legal systems, the debate of their relevance and explanatory capacity beyond the European context is recent. By bringing together these diverse analytical tools and enabling a comparison of their insights through Asian empirical case studies, this book makes an invaluable contribution to the debates concerning legal change and the methods by which it is analysed globally, and within Asia.
Book Synopsis Autopoiesis and Configuration Theory: New Approaches to Societal Steering by : Roel J. in 't Veld
Download or read book Autopoiesis and Configuration Theory: New Approaches to Societal Steering written by Roel J. in 't Veld and published by Springer Science & Business Media. This book was released on 2012-12-06 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Asian Discourses of Rule of Law by : Randall P. Peerenboom
Download or read book Asian Discourses of Rule of Law written by Randall P. Peerenboom and published by Psychology Press. This book was released on 2004 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rule of law, one of the pillars of the modern world, has emerged in Western liberal democracies. This book considers how rule of law is viewed and implemented in the different cultural, economic and political context of Asia.
Book Synopsis Critical theory and legal autopoiesis by : Gunther Teubner
Download or read book Critical theory and legal autopoiesis written by Gunther Teubner and published by Manchester University Press. This book was released on 2019-05-10 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis The Law-Science Chasm by : Cedric Charles Gilson
Download or read book The Law-Science Chasm written by Cedric Charles Gilson and published by Quid Pro Books. This book was released on 2012-11-01 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: "THE LAW-SCIENCE CHASM" is a socio-legal study that takes seriously the varying approaches to science that physicians and scientists use, as compared to legal actors such as judges and lawyers. Offering a way to mediate and translate their different perspectives and assumptions, Gilson uses sociological and philosophical methodologies to explain each discipline to the other. "Gilson's book takes seriously the idea of the autopoietic closure of society's communicative subsystems and works out the consequences in particular for science and law. This analysis both lends support to the credibility of the approach adopted and sheds light on the problems and the direction in which potential solutions might lie.... The book consequently makes an important contribution not only to the literature dealing with the relationship between science and law but also to the literature dealing with the application of autopoietic systems theory to tangible concerns. This book is therefore of clear significance to those continuing to wrestle with the challenges thrown up by science for law and policy even when the spotlight of public attention is directed elsewhere." -- JOHN PATERSON, Professor of Law, University of Aberdeen (from the Foreword) Part of the new "Dissertation Series" from Quid Pro Books.
Download or read book Jurisprudence written by Scott Veitch and published by Routledge. This book was released on 2013-07-04 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jurisprudence: Themes and Concepts offers an original introduction to, and critical analysis of, the central themes studied in jurisprudence courses. The book is presented in three parts each of which contains General Themes, Advanced Topics, tutorial questions and guidance on further reading: Law and Politics, locating the place of law within the study of institutions of government Legal Reasoning, examining the contested nature of the application of law Law in Modernity, exploring the social forces that shape legal development. This second edition includes enhanced discussion of the rise of legal positivism within the context of the rise of the modern state, the changing role of natural and human rights discourse, concepts of justice in and beyond the nation state, the impact of emergency doctrines in contemporary legal regulation, and challenges to the rule of law in light of shifting and competing demands for new types of social solidarity. Accessible, interdisciplinary, and socially informed this book has been revised to take into account the latest developments in jurisprudential scholarship.
Book Synopsis The Blackwell Companion to Law and Society by : Austin Sarat
Download or read book The Blackwell Companion to Law and Society written by Austin Sarat and published by John Wiley & Sons. This book was released on 2008-04-15 with total page 688 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Blackwell Companion to Law and Society is an authoritative study of the relationship between law and social interaction. Thirty-two original essays by an international group of expert scholars examine a wide range of critical questions. Authors represent various theoretical, methodological, and political commitments, creating the first truly global overview of the field. Examines the relationship between law and social interactions in thirty-three original essay by international experts in the field. Reflects the world-wide significance of North American law and society scholarship. Addresses classical areas and new themes in law and society research, including: the gap between law on the books and law in action; the complexity of institutional processes; the significance of new media; and the intersections of law and identity. Engages the exciting work now being done in England, Europe, Australia, and New Zealand, South Africa, Israel, as well as "Third World" scholarship.
Download or read book Current Legal Theory written by and published by . This book was released on 1998 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Law's Community by : Roger Cotterrell
Download or read book Law's Community written by Roger Cotterrell and published by Oxford University Press. This book was released on 1995 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Transplanting Commercial Law Reform by : John Gillespie
Download or read book Transplanting Commercial Law Reform written by John Gillespie and published by Routledge. This book was released on 2017-03-02 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
Book Synopsis The Autopoiesis of Architecture, Volume I by : Patrik Schumacher
Download or read book The Autopoiesis of Architecture, Volume I written by Patrik Schumacher and published by John Wiley & Sons. This book was released on 2011-04-20 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: Take a theoretical approach to architecture with The Autopoiesis of Architecture, which presents the topic as a discipline with its own unique logic. Architecture's conception of itself is addressed as well as its development within wider contemporary society. Author Patrik Schumacher offers innovative treatment that enriches architectural theory with a coordinated arsenal of concepts facilitating both detailed analysis and insightful comparisons with other domains, such as art, science and politics. He explores how the various modes of communication comprising architecture depend upon each other, combine, and form a unique subsystem of society that co-evolves with other important autopoietic subsystems like art, science, politics and the economy. The first of two volumes that together present a comprehensive account of architecture's autopoiesis, this book elaborates the theory of architecture?s autopoeisis in 8 parts, 50 sections and 200 chapters. Each of the 50 sections poses a thesis drawing a central message from the insights articulated within the respective section. The 200 chapters are gathering and sorting the accumulated intelligence of the discipline according to the new conceptual framework adopted, in order to catalyze and elaborate the new formulations and insights that are then encapsulated in the theses. However, while the theoretical work in the text of the chapters relies on the rigorous build up of a new theoretical language, the theses are written in ordinary language ? with the theoretical concepts placed in brackets. The full list of the 50 theses affords a convenient summary printed as appendix at the end of the book. The second volume completes the analysis of the discourse and further proposes a new agenda for contemporary architecture in response to the challenges and opportunities that confront architectural design within the context of current societal and technological developments.
Book Synopsis The Judicial Assessment of Expert Evidence by : Déirdre Dwyer
Download or read book The Judicial Assessment of Expert Evidence written by Déirdre Dwyer and published by Cambridge University Press. This book was released on 2008-12-18 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deirdre Dwyer examines how a court can decide when to accept an expert's opinion, focusing on English civil justice.
Book Synopsis Legal Pluralism Explained by : Brian Z. Tamanaha
Download or read book Legal Pluralism Explained written by Brian Z. Tamanaha and published by Oxford University Press. This book was released on 2021-03-03 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal pluralism involves the coexistence of multiple forms of law. This involves state law, international law, transnational law, customary law, religious law, indigenous law, and the law of distinct ethnic or cultural communities. Legal pluralism is a subject of discussion today in legal anthropology, legal sociology, legal history, postcolonial legal studies, women's rights and human rights, comparative law, international law, transnational law, European Union law, jurisprudence, and law and development scholarship. A great deal of confusion and theoretical disagreement surrounds discussions of legal pluralismwhich this book aims to clarify and help resolve. Drawing on historical and contemporary studiesincluding the Medieval period, the Ottoman Empire, postcolonial societies, Native peoples, Jewish and Islamic law, Western state legal systems, transnational law, as well as othersit shows that the dominant image of the state with a unified legal system exercising a monopoly over law is, and has always been, false and misleading. State legal systems are internally pluralistic in various ways and multiple manifestations of law coexist in every society. This book explains the underlying reasons for and sources of legal pluralism, identifies its various consequences, uncovers its conceptual and normative implications, and resolves current theoretical disputes in ways that are useful for social scientists, theorists, jurists, and law and development scholars and practitioners.
Book Synopsis Theory and Method in Socio-Legal Research by : Reza Banakar
Download or read book Theory and Method in Socio-Legal Research written by Reza Banakar and published by Bloomsbury Publishing. This book was released on 2005-12-19 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.
Download or read book Living Law written by Roger Cotterrell and published by Routledge. This book was released on 2017-07-05 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: Living Law presents a comprehensive overview of relationships between legal and social theory, and of current approaches to the sociological study of legal ideas. It explores the nature of legal theory and sociolegal studies today as teaching and research fields, and the work of many of the major sociolegal theorists. In addition, it sets out the author's distinctive approach to sociological analysis of law, applying this in a range of studies in specific legal fields, such as the law of contract, property and trusts, constitutional analysis, and comparative law.