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The Construction and Demolition of the Luhmann Heresy

Michael King

Law and Critique 12 (1):1-32 (2001)

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Tracing an Outline of Legal Complexity.Thomas E. Webb - 2014 - Ratio Juris 27 (4):477-495.details Autopoiesis and systems theory are terms often treated as synonymous by lawyers. This sleight‐of‐phrase elides the space between autopoiesis and systems theory, removing its content. Within this eliminated space there exist numerous understandings of systems approaches in law; one such understanding is complexity theory. Complexity theory entails a very different systems view of law to that of autopoiesis. In this paperIexplore the concepts of complexity and their relevance to law. In tracing an outline of complexity, a number of contradictions, paradoxes, (...) Download Export citation Bookmark 1 citation
Introduction to Special Issue SI: Luhmann.Claudius Messner - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):313-324.details This year marks the 30th anniversary of the publication of Niklas Luhmann’s (1927–1998) magnum opus Soziale Systeme. Grundriss einer allgemeinen Theorie [14]. On the occasion, this Special Issue of the International Journal for the Semiotics of Law celebrates the contribution of Luhmann’s thinking to our understanding of law, justice, and society.Luhmann’s work is wide open for argument. Some consider it the grand unified theory able to completely grasp social reality. Others see nothing but a substantially void conglomeration of analytical constructs (...) Download Export citation Bookmark
Exploring System Boundaries.Thomas E. Webb - 2013 - Law and Critique 24 (2):131-151.details Autopoiesis is normally considered to be the systems theory in law. In this paper complexity theory is presented as an alternative systems approach. In order to position complexity theory as a plausible alternative to autopoiesis I discuss the differing understanding of boundary within each theory, and use this as a vehicle to critique autopoiesis. My critique is situated within systems theory thinking but is external to both autopoiesis and complexity theory. Because both approaches possess an understanding of boundary it provides (...) Download Export citation Bookmark 1 citation
A theory of legislation from a systems perspective.Peter Harrison - unknowndetails In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...) Download Export citation Bookmark

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