Law As An Autopoietic System
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| Author | : Gunther Teubner |
| Publisher | : Wiley-Blackwell |
| Total Pages | : 203 |
| Release | : 1993-01-01 |
| Genre | : Social Science |
| ISBN | : 9780631179764 |
The present debate in legal theory is dominated by an unfruitful schism. On the one hand, analytical theories are concerned with the positivity of law, running the risk of missing the law's relation to society. On the other hand, sociological approaches analyze all sorts of social interactions of law, but have developed no conceptual tools to do justice to the autonomy of law. The theory of autopoiesis offers law a chance of getting round the falsely posed alternative between an autonomous rule system or a socially conditioned decision-making process. It is a theory of law that sees the law's autonomy in the self-reproduction of a communication network and understands its relation to society as interference with other autonomous communication networks. Building on the ideas of Humberto Maturana, Heinz von Foerster and Niklas Luhmann, Gunther Teubner uses the concepts of self-organization and autopoiesis to develop a concept of law as a hypercyclically closed social system. This book will stand as a landmark in legal theory and become a standard point of departure in the sociology of law.
| Author | : Gunther Teubner |
| Publisher | : Walter de Gruyter |
| Total Pages | : 389 |
| Release | : 2011-07-13 |
| Genre | : Law |
| ISBN | : 3110876450 |
| Author | : John Mingers |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 274 |
| Release | : 1994-12-31 |
| Genre | : Science |
| ISBN | : 9780306447976 |
John Mingers' new volume, Self-Producing Systems: Implications and Ap plications of Autopoiesis, is a much-needed reference on autopoiesis, a subject penetrating many disciplines today. I can genuinely say that I enjoyed reading the book as it took me stage by stage through a clear and easy-to-grasp understanding of the concepts and ideas of auto poiesis and then, as the book's title suggests, on through their applica tions. I found the summary in Chapter 12 particularly useful, helping to crystalize the main points of each chapter. The book conveyed enthusi asm for the subject and stimulated my interest in it. At times the book is demanding, but only because of the breadth of the subject matter, the terms and concepts associated with its parts, and the challenge of keep ing hold of all this in the mind at once. This is an exceptional text. ROBERT L. FLOOD Hull, UK Preface In recent years Maturana's and Varela's concept of autopoiesis, origi nally a biological concept, has made a remarkable impact not just on a single area, but across widely differing disciplines such as sociology, policy science, psychotherapy, cognitive science, and law. Put very briefly, the term autopoiesis connotes the idea that certain types of sys tems exist in a particular manner-they are self-producing systems. In their operations they continuously produce their own constituents, their own components, which then participate in these same production pro cesses.
| Author | : Niklas Luhmann |
| Publisher | : Oxford Socio-Legal Studies |
| Total Pages | : 524 |
| Release | : 2004 |
| Genre | : Law |
| ISBN | : 9780198262381 |
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.
| Author | : M. King |
| Publisher | : Springer |
| Total Pages | : 273 |
| Release | : 2003-09-16 |
| Genre | : Social Science |
| ISBN | : 0230503586 |
Niklas Luhmann's social theory stands in direct opposition to the dominant 'anthropocentric' traditions of legal and political analysis. King and Thornhill now offer the first comprehensive, critical examination of Luhmann's highly original theory of the operations of the legal and political systems. They describe how from the perspective of his 'sociological enlightenment' Luhmann continually calls to account the certainties, the ambitions and rational foundations of The Enlightenment and the idealized versions of law and politics which they have produced.
| Author | : H.R. Maturana |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 172 |
| Release | : 2012-12-06 |
| Genre | : Science |
| ISBN | : 9400989474 |
This is a bold, brilliant, provocative and puzzling work. It demands a radical shift in standpoint, an almost paradoxical posture in which living systems are described in terms of what lies outside the domain of descriptions. Professor Humberto Maturana, with his colleague Francisco Varela, have undertaken the construction of a systematic theoretical biology which attempts to define living systems not as they are objects of observation and description, nor even as in teracting systems, but as self-contained unities whose only reference is to them selves. Thus, the standpoint of description of such unities from the 'outside', i. e. , by an observer, already seems to violate the fundamental requirement which Maturana and Varela posit for the characterization of such system- namely, that they are autonomous, self-referring and self-constructing closed systems - in short, autopoietic systems in their terms. Yet, on the basis of such a conceptual method, and such a theory of living systems, Maturana goes on to define cognition as a biological phenomenon; as, in effect, the very nature of all living systems. And on this basis, to generate the very domains of interac tion among such systems which constitute language, description and thinking.
| Author | : Claudio Baraldi |
| Publisher | : Springer |
| Total Pages | : 129 |
| Release | : 2016-11-21 |
| Genre | : Education |
| ISBN | : 3319499750 |
This book provides an insight into the ideas of one of the world’s greatest sociologists: Niklas Luhmann. It explains, in clear and concise language, the basic concepts of Social Systems Theory and their application to the specific case of the Education System, which was considered by Luhmann as a primary subsystem of modern society. It illustrates the complex and sophisticated thinking that characterises Luhmann’s work and explains that Luhmann’s theory has given an important and original contribution to the study of education from a sociological point of view. His contribution has some resonance in recent social constructionist and relational approaches to education, as well as in studies of educational interaction. In addition, research methodologies, in particular mixed methods strategies, draw heavily on epistemological issues. The book finally argues that educationists can appreciate the extent of Luhmann’s contribution to the field of education, although their perspective cannot be fully harmonised with, nor reduced to, the sociological one. This divergence of perspectives can stimulate pedagogy to call into question its conceptual framework as well its approach to social situations in the classroom.
| Author | : Gunther Teubner |
| Publisher | : Critical Theory and Contemporary Society |
| Total Pages | : 408 |
| Release | : 2019-04-12 |
| Genre | : Autopoiesis |
| ISBN | : 9781526107220 |
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.
| Author | : Professor Jiří Přibáň |
| Publisher | : Ashgate Publishing, Ltd. |
| Total Pages | : 392 |
| Release | : 2013-01-28 |
| Genre | : Law |
| ISBN | : 1409493377 |
Jirí Pribán's book contributes to the field of systems theory of law in the context of European legal and political integration and constitution-making. It puts recent European legislative efforts and policies, especially the EU enlargement process, in the context of legal theory and philosophy. Furthermore, the author shows that the system of positive law has a symbolic meaning, reflecting how it also contributes to the semantics of political identity, democratic power and moral values, as well as the complex relations between law, politics and morality.
| Author | : Patrik Schumacher |
| Publisher | : John Wiley & Sons |
| Total Pages | : 487 |
| Release | : 2011-04-20 |
| Genre | : Architecture |
| ISBN | : 1119990491 |
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.
