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Closure and Openness: On Reality in the World of Law

Niklas Luhmann

European University Institute (1986)

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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
Legal realisms: On law and politics.Mauro Zamboni - 2006 - Res Publica 12 (3):295-317.details The focus of this work is the issue of whether, and to what extent, the nature of the law is affected by politics, has been taken up by the American and Scandinavian legal realists. By the very fact of their being products of␣the socio-political conditions of the most recent century, the American and Scandinavian legal realisms are the movements that have most explicitly and systematically brought to the surface one particular characteristic phenomenon of contemporary Western legal systems: the existence of (...) Download Export citation Bookmark 1 citation
Knowledge Construction in Legal Reasoning: A Three Stage Model of Law’s Evolution in Practical Discourse.Olaf Tans - 2018 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 31 (1):1-19.details Seeing that socio-legal theory has produced a number of compelling grand theories about law’s development as a body of knowledge, this contribution analyzes legal evolution on the micro-level of decision-making in concrete cases. To that end, law finding is reconstructed as a three stage process of reason-based rule-construction. Legal evolution is argued to stem from the argumentative jumps that are made in this process in order to use what is initially drawn from the body of legal knowledge in new cases. (...) Download Export citation Bookmark
Justicia autosubversiva: ¿Fórmula de contingencia O de trascendencia Del derecho?Gunther Teubner - 2010 - Anales de la Cátedra Francisco Suárez 44:217-248.details E n est e a r tícul o e l auto r s e pr e gunt a s i l a teorí a socia l de l derech o pued e apo r tar un a contribució n especí f ic a a u n concept o d e justici a via b l e h o y e n día , frent e a l o que sobr e ell a pued e deci r l a f ilosofí (...) Download Export citation Bookmark 1 citation
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

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