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Niklas Luhmann: Law, Justice, Society

Author: Andreas Philippopoulos-Mihalopoulos

Publisher: Routledge

Published: 2009-09-10

Total Pages: 474

ISBN-13: 1135211272

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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.

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 474 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.

Law as a Social System

Author: Niklas Luhmann

Publisher: Oxford Socio-Legal Studies

Published: 2004

Total Pages: 524

ISBN-13: 9780198262381

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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.

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.

A Sociology of Jurisprudence

Author: Richard Nobles

Publisher: Bloomsbury Publishing

Published: 2006-02-10

Total Pages: 258

ISBN-13: 1847311806

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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.

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 258 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.

Luhmann and Law

Author: Christopher Thornhill

Publisher: Routledge

Published: 2022-01-27

Total Pages: 606

ISBN-13: 1000109054

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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.

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.

Niklas Luhmann

Author:

Publisher:

Published: 2000

Total Pages: 79

ISBN-13:

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Book Synopsis Niklas Luhmann by :

Download or read book Niklas Luhmann written by and published by . This book was released on 2000 with total page 79 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Luhmann and Socio-Legal Research

Author: Celso Fernandes Campilongo

Publisher: Routledge

Published: 2020-12-29

Total Pages: 297

ISBN-13: 1000261115

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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.

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.

Understanding Law in Society

Author: Knut Papendorf

Publisher: LIT Verlag Münster

Published: 2011

Total Pages: 291

ISBN-13: 3643900724

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The sociology of law has made impressive progress over the last decades. The present volume brings together scholars from Austria, Britain, Germany and Scandinavia to discuss major developments. The book starts with analyses of the sociology of law advanced by the most outstanding theorists in the field, Max Weber and Niklas Luhmann. Their legacy is assessed by Hubert Treiber, Frank Welz and Inger-Johanne Sand. Next, Hakan Hyden emphases the gain sociology of law could have from a stronger focus on norms. Armin Holand and Ole Hammerslev ask about the effects courts have. Klaus F. Rohl provides an international overview on "alternatives of law", one of the main topics of socio-legal studies since the 1960s. The final article by Stefan Machura in this volume addresses the media's impact on the public's perception of the legal system.

Book Synopsis Understanding Law in Society by : Knut Papendorf

Download or read book Understanding Law in Society written by Knut Papendorf and published by LIT Verlag Münster. This book was released on 2011 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The sociology of law has made impressive progress over the last decades. The present volume brings together scholars from Austria, Britain, Germany and Scandinavia to discuss major developments. The book starts with analyses of the sociology of law advanced by the most outstanding theorists in the field, Max Weber and Niklas Luhmann. Their legacy is assessed by Hubert Treiber, Frank Welz and Inger-Johanne Sand. Next, Hakan Hyden emphases the gain sociology of law could have from a stronger focus on norms. Armin Holand and Ole Hammerslev ask about the effects courts have. Klaus F. Rohl provides an international overview on "alternatives of law", one of the main topics of socio-legal studies since the 1960s. The final article by Stefan Machura in this volume addresses the media's impact on the public's perception of the legal system.

A Sociological Theory of Law

Author: Niklas Luhmann

Publisher: Routledge

Published: 2013-10-30

Total Pages: 470

ISBN-13: 1135142556

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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.

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 470 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.

Sovereignty in Post-Sovereign Society

Author: Jiří Přibáň

Publisher: Routledge

Published: 2016-03-09

Total Pages: 262

ISBN-13: 1317052099

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Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Book Synopsis Sovereignty in Post-Sovereign Society by : Jiří Přibáň

Download or read book Sovereignty in Post-Sovereign Society written by Jiří Přibáň and published by Routledge. This book was released on 2016-03-09 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.