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Law as a Social System : Oxford Socio-Legal Studies - Niklas Luhmann

Law as a Social System

Oxford Socio-Legal Studies

Hardcover Published: 1st April 2004
ISBN: 9780198262381
Number Of Pages: 512

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Modern systems theory provides a new paradigm for the analysis of society. In this volume, Niklas Luhmann, its leading exponent, explores its implications for our understanding of law.

Luhmann argues that current thinking about how law operates within a modern society is seriously deficient. In this volume he lays out the theoretical and methodological tools that, he argues, can advance our understanding of contemporary society and, in particular, of the identity, performance, and function of the legal system within that society. In systems theory, society is its communications: they are its empirical reality; the items that can be observed and studied. Systems theory identifies how communications operate within a physical world and how different sub-systems of communication operate alongside each other.

In this volume, Luhmann uses systems theory to address a question central to legal theory: what differentiates law from other parts of society? 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.

That a major volume bringing together his [Luhmann's] ideas has been made available in English is both very welcome and potentially influential Cambridge Law Journal ..an important analysis about the way in which law operates asa distinctive social system..the analysis of the book illuminates legal practice Cambridge Law Journal ..it is a 'must read' for serious scholars.. Cambridge Law Journal

Preface Richard Nobles and David Schiff: Introduction 1: The Location of Legal Theory 2: The Operative Closure of the Legal System 3: The Function of Law 4: Coding and Programming 5: Justice: a Formula for Contingency 6: The Evolution of Law 7: The Position of Courts in the Legal System 8: Legal Argumentation 9: Politics and Law 10: Structural Couplings 11: The Self-description of the Legal System 12: Society and its Law Index

ISBN: 9780198262381
ISBN-10: 0198262388
Series: Oxford Socio-Legal Studies
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 512
Published: 1st April 2004
Publisher: Oxford University Press
Country of Publication: GB
Dimensions (cm): 24.2 x 16.2  x 3.4
Weight (kg): 0.91