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Books > Law > Jurisprudence & general issues > Jurisprudence & philosophy of law
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Observing Law through Systems Theory (Paperback, New)
Loot Price: R3,260
Discovery Miles 32 600
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Observing Law through Systems Theory (Paperback, New)
Series: Legal Theory Today
Expected to ship within 10 - 15 working days
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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.
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