Luhmann on Law and Politics: Critical Appraisals and Applications

by Michael King (Editor), David Nelken (Editor), Chris Thornhill (Editor), Rosemary Hunter (Editor)

Overview

Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.

Product Details

ISBN-13:	9781841136240
Publisher:	Bloomsbury Academic
Publication date:	02/21/2006
Series:	Oñati International Series in Law and Society , #16
Pages:	216
Product dimensions:	6.14(w) x 9.21(h) x 0.55(d)

About the Author

Michael King is Emeritus Professor at the School of Law, University or Reading.
Chris Thornhill is Professor of Law at the University of Manchester.

Table of Contents

Notes on Contributors vii

Introduction Michael King Chris Thornhill 1

I Theory and Practice in Law 11

1 Reflecting on Reflexive Law John Paterson 13

2 What's The Use of Luhmann's Theory? Michael King 37

II Politics, Law and Human Rights 53

3 From Subject to System: Some Unsystematic Systems-Theoretical Thoughts on Race Equality and Human Rights Tim Murphy 55

4 Luhmann's Political Theory: Politics After Metaphysics? Chris Thornhill 75

5 Systems Theory and the Paradox Of Human Rights Gert Verschraegen 101

6 The Problem of Power in Luhmann's Systems Theory Samantha Ashenden 127

7 What Is Modern Power? Jean Clam 145

III Critical Responses 163

8 Some Observations on Social Anthropology and Niklas Luhmann's Concept of Society Anne Friederike Muller 165

9 The Theoretical Context and Foundations of Luhmann's Legal and Political Sociology Bernd R Hornung 187

10 Dealing (With) Paradoxes: On Law, Justice and Cheating Andreas Philippopoulos-Mihalopoulos 217

Index 235

Editorial Reviews

"It is as much the way that an author's works are received as the works themselves which determines their importance. This collection edited by Michael King and Chris Thornhill makes worthwhile reading. This volume consists of highly diverse contributions concerning Niklas Luhmann's creative work. Certain of them are careful studies on this or that aspect of Luhmann's work, while others apply Luhmann's conceptual constructions in different settings. This book provides an opportunity to question the meaning and the range of Luhmann's output...
Luhmann represents, ... a speculative revolution, and it is for this reason that he merits our attention.
Luhmann is one of the most important German sociologists of the second part of the 20th Century.
" --Droit et Societé, No 65/2007

From the Publisher