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Luhmann and Socio-Legal Research - An Empirical Agenda for Social Systems Theory (Hardcover)
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Luhmann and Socio-Legal Research - An Empirical Agenda for Social Systems Theory (Hardcover)
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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.
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