Richard Nobles
Observing Law through Systems Theory
Richard Nobles
Observing Law through Systems Theory
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This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems.
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This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems.
Produktdetails
- Produktdetails
- Verlag: Bloomsbury 3PL
- Seitenzahl: 292
- Erscheinungstermin: 7. Dezember 2012
- Englisch
- Abmessung: 234mm x 156mm x 16mm
- Gewicht: 447g
- ISBN-13: 9781849462181
- ISBN-10: 1849462186
- Artikelnr.: 35077757
- Herstellerkennzeichnung
- Libri GmbH
- Europaallee 1
- 36244 Bad Hersfeld
- gpsr@libri.de
- Verlag: Bloomsbury 3PL
- Seitenzahl: 292
- Erscheinungstermin: 7. Dezember 2012
- Englisch
- Abmessung: 234mm x 156mm x 16mm
- Gewicht: 447g
- ISBN-13: 9781849462181
- ISBN-10: 1849462186
- Artikelnr.: 35077757
- Herstellerkennzeichnung
- Libri GmbH
- Europaallee 1
- 36244 Bad Hersfeld
- gpsr@libri.de
Richard Nobles and David Schiff
1 Is the Legal System a System?
2 Why Do Judges Talk the Way they Do?
Social Systems, Psychic Systems and Redundancy
Judicial Communications and 'Commitment' to the Legal System
Judicial Discretion
Conclusion
3 Can One Have a Right to Disobey a Law?
Civil Disobedience within the Legal System
Civil Disobedience within the Political System
Social Movements and Civil Disobedience
Civil Disobedience within the Legal and Political Systems - A Case Study
(Debbie Purdy's Case)
Conclusion
4 Understanding Legal Pluralism
Brian Tamanaha's Criticisms of Systems Theory
How Does One Identify a Subsystem Code?
Law and Violence
Normative Pluralism
Pluralism and Translation
Exploring Legal Pluralism in Modern and Pre-modern Societies
Conclusion
5 How Law Constructs Time
Time, Law and Politics
A Simple Example: The Presumption of Innocence
A Complex Example
6 Politics and Law: The Rule of Law, Constitutional Law, and Human Rights
The Rule of Law
Constitutional Law
Constitutional and Human Rights, and Societal Constitutionalism
7 Control through Law
Steering through Constituting Rules
Observing Reflexive Law
Structural Coupling Dynamics
8 Appeals in Law
Appeals and Doctrine
The Structural Coupling between Law and the Media through Conviction
Implications of Criminal Appeals for the Structural Coupling between Law
and the Media
The Pressures Generated by the Differences between the Media and the Legal
System's Understanding of Appeal
Postscript: A Comment on Human Involvement
2 Why Do Judges Talk the Way they Do?
Social Systems, Psychic Systems and Redundancy
Judicial Communications and 'Commitment' to the Legal System
Judicial Discretion
Conclusion
3 Can One Have a Right to Disobey a Law?
Civil Disobedience within the Legal System
Civil Disobedience within the Political System
Social Movements and Civil Disobedience
Civil Disobedience within the Legal and Political Systems - A Case Study
(Debbie Purdy's Case)
Conclusion
4 Understanding Legal Pluralism
Brian Tamanaha's Criticisms of Systems Theory
How Does One Identify a Subsystem Code?
Law and Violence
Normative Pluralism
Pluralism and Translation
Exploring Legal Pluralism in Modern and Pre-modern Societies
Conclusion
5 How Law Constructs Time
Time, Law and Politics
A Simple Example: The Presumption of Innocence
A Complex Example
6 Politics and Law: The Rule of Law, Constitutional Law, and Human Rights
The Rule of Law
Constitutional Law
Constitutional and Human Rights, and Societal Constitutionalism
7 Control through Law
Steering through Constituting Rules
Observing Reflexive Law
Structural Coupling Dynamics
8 Appeals in Law
Appeals and Doctrine
The Structural Coupling between Law and the Media through Conviction
Implications of Criminal Appeals for the Structural Coupling between Law
and the Media
The Pressures Generated by the Differences between the Media and the Legal
System's Understanding of Appeal
Postscript: A Comment on Human Involvement
1 Is the Legal System a System?
2 Why Do Judges Talk the Way they Do?
Social Systems, Psychic Systems and Redundancy
Judicial Communications and 'Commitment' to the Legal System
Judicial Discretion
Conclusion
3 Can One Have a Right to Disobey a Law?
Civil Disobedience within the Legal System
Civil Disobedience within the Political System
Social Movements and Civil Disobedience
Civil Disobedience within the Legal and Political Systems - A Case Study
(Debbie Purdy's Case)
Conclusion
4 Understanding Legal Pluralism
Brian Tamanaha's Criticisms of Systems Theory
How Does One Identify a Subsystem Code?
Law and Violence
Normative Pluralism
Pluralism and Translation
Exploring Legal Pluralism in Modern and Pre-modern Societies
Conclusion
5 How Law Constructs Time
Time, Law and Politics
A Simple Example: The Presumption of Innocence
A Complex Example
6 Politics and Law: The Rule of Law, Constitutional Law, and Human Rights
The Rule of Law
Constitutional Law
Constitutional and Human Rights, and Societal Constitutionalism
7 Control through Law
Steering through Constituting Rules
Observing Reflexive Law
Structural Coupling Dynamics
8 Appeals in Law
Appeals and Doctrine
The Structural Coupling between Law and the Media through Conviction
Implications of Criminal Appeals for the Structural Coupling between Law
and the Media
The Pressures Generated by the Differences between the Media and the Legal
System's Understanding of Appeal
Postscript: A Comment on Human Involvement
2 Why Do Judges Talk the Way they Do?
Social Systems, Psychic Systems and Redundancy
Judicial Communications and 'Commitment' to the Legal System
Judicial Discretion
Conclusion
3 Can One Have a Right to Disobey a Law?
Civil Disobedience within the Legal System
Civil Disobedience within the Political System
Social Movements and Civil Disobedience
Civil Disobedience within the Legal and Political Systems - A Case Study
(Debbie Purdy's Case)
Conclusion
4 Understanding Legal Pluralism
Brian Tamanaha's Criticisms of Systems Theory
How Does One Identify a Subsystem Code?
Law and Violence
Normative Pluralism
Pluralism and Translation
Exploring Legal Pluralism in Modern and Pre-modern Societies
Conclusion
5 How Law Constructs Time
Time, Law and Politics
A Simple Example: The Presumption of Innocence
A Complex Example
6 Politics and Law: The Rule of Law, Constitutional Law, and Human Rights
The Rule of Law
Constitutional Law
Constitutional and Human Rights, and Societal Constitutionalism
7 Control through Law
Steering through Constituting Rules
Observing Reflexive Law
Structural Coupling Dynamics
8 Appeals in Law
Appeals and Doctrine
The Structural Coupling between Law and the Media through Conviction
Implications of Criminal Appeals for the Structural Coupling between Law
and the Media
The Pressures Generated by the Differences between the Media and the Legal
System's Understanding of Appeal
Postscript: A Comment on Human Involvement