Luhmann and Socio-Legal Research: An Empirical Agenda for Social Systems Theory
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.

1137714352
Luhmann and Socio-Legal Research: An Empirical Agenda for Social Systems Theory
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.

54.99 In Stock
Luhmann and Socio-Legal Research: An Empirical Agenda for Social Systems Theory

Luhmann and Socio-Legal Research: An Empirical Agenda for Social Systems Theory

Luhmann and Socio-Legal Research: An Empirical Agenda for Social Systems Theory

Luhmann and Socio-Legal Research: An Empirical Agenda for Social Systems Theory

Paperback

$54.99 
  • SHIP THIS ITEM
    Qualifies for Free Shipping
  • PICK UP IN STORE
    Check Availability at Nearby Stores

Related collections and offers


Overview

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.


Product Details

ISBN-13: 9780367637323
Publisher: Taylor & Francis
Publication date: 08/01/2022
Pages: 280
Product dimensions: 6.12(w) x 9.19(h) x (d)

About the Author

Celso Fernandes Campilongo is Full Professor and Vice-Dean at the University of São Paulo Law School, Brazil.

Lucas Fucci Amato is Professor at the Department of Legal Philosophy and Jurisprudence at the University of São Paulo Law School, Brazil.

Marco Antonio Loschiavo Leme de Barros is Professor at the Law School of Mackenzie Presbyterian University, São Paulo, Brazil.

Table of Contents

List of figures vii

List of contributors viii

Acknowledgement x

1 An empirical agenda for social systems theory? Lucas Fucci Amato Marco Antonio Loschiavo Leme De Barros Celso Fernandes Campilongo 1

Part I Theoretical bases for systemic empirical studies 7

2 The sociological investigation of law in systems theory Raffaele De Giorgi 9

3 Is there a need for a critical systems theory? Lukas K. Sosoe 23

4 Changing maps: Empirical legal autopoiesis John Paterson Gunther Teubner 33

Part II Analysing law through systemic approaches: The economic and regulatory interface 69

5 Regulation without interests? An introduction to Luhmannian empirical mapping of system-environment relationships Bettina Lange 71

6 Free floating or free riding? Recursive norm-building in the German energy transition using the example of the approval of e-scooters in German cities Cristina Besio Margrit Seckelmann 96

7 Law and economy without 'law and economies'? From new institutional economics to social systems theory Lucas Fucci Amato 110

Part III Analysing law through systemic approaches: The political interface 139

8 Observing courts: An organisational sociology, for socio-legal research Marco Antonio Loschiavo Leme De Barros 141

9 Casting off from the rock of uncertainty: Observations on the empirical application of Luhmann's sociological theory and a case study on the concept of normative expectations Mark Hanna 166

10 Integration and disintegration: Protest, social movements and legal interpretation Celso Fern Andes Campilongo 188

11 Politics, law and legitimacy: Re-constructing Brexit from a systems theory perspective John Paterson 223

12 A historical sociology of constitutions and democracy: An interview Chris Thornhill 247

Index 263

From the B&N Reads Blog

Customer Reviews