Observing Law through Systems Theory

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Synopsis

This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems.The authors demonstrate how this theory alters our understanding of some of the most important and controversial issues within law: the nature of judicial communication and legal argument; the claim that it can be right to disobey law; the character of legal pluralism and globalisation; time and its construction within law; the significance of the rule of law and human rights and the role of appeals to, and within, law.Systems theory enables the authors to demonstrate how the legal system observes its own operations through its own communications, and how this contrasts with the manner in which law is observed by other systems such as the media and politics.In this context the authors explore the constraints imposed by systems, in particular the legal system, upon the individuals who participate in them.

Book details

Series:
Legal Theory Today
Author:
Richard Nobles, David Schiff
ISBN:
9781782250111
Related ISBNs:
9781849462181
Publisher:
Bloomsbury Publishing
Pages:
290
Reading age:
Not specified
Includes images:
No
Date of addition:
2018-10-30
Usage restrictions:
Copyright
Copyright date:
2012
Copyright by:
N/A 
Adult content:
No
Language:
English
Categories:
Law, Legal Issues and Ethics, Nonfiction