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Journal ArticleDOI

Law as a Social System

01 Jan 2006-Modern Law Review (Blackwell Publishing Ltd)-Vol. 69, Iss: 1, pp 123-129
TL;DR: In this paper, the authors propose a method to solve the problem of homonymity of homophily in the context of homomorphic data, and no abstracts are available.
Abstract: No abstract available.
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Journal ArticleDOI
01 Oct 2020
TL;DR: Wang et al. as discussed by the authors argued that the Chinese smart courts are embedded in China's larger strategy of capturing new opportunities offered by the information and communications technology (ICT) revolution.
Abstract: While online dispute resolution (ODR) and online courts have become a global phenomenon, China is unique in its way of constructing a “smart-courts” system. This paper argues that the Chinese smart courts are embedded in China’s larger strategy of capturing new opportunities offered by the information and communications technology (ICT) revolution. Adoption of cutting-edge ICT by courts is not an initiative taken by the courts themselves; rather, it is a call from the party-state with strong policy push. The paper also makes two observations on the nature of smart courts in China. One is that Chinese courts are using ICT, especially artificial intelligence, both to enhance hierarchical control and to improve the formal quality of law. Another is that the “Internet courts” are established to solve disputes arising from online transactions, rather than serve as piloting courts with general implications for the shape of future courts in China. Therefore, while boldly experimenting new technologies (such as blockchains) in the judicial process, Internet courts in China are also charged with the responsibility of developing legal doctrines in cases within their jurisdictions. The case of China thus shows the profound interaction between law and technology. Whether technology is disruptive depends on human design and efforts.

12 citations


Cites background from "Law as a Social System"

  • ...Luhmann (2004), p. 148. identifying the legal basis for defence (or counter-claims); (4) analyzing the key elements in the applicable legal norms; (5) reviewing the soundness of the parties’ claims; (6) sorting out the key issues on dispute; (7) examining the corresponding proof for key facts…...

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Journal ArticleDOI
TL;DR: In this paper, the concepts of complexity and their relevance to law are explored and a number of contradictions, paradoxes, and additional questions are exposed which require further detailed analysis in the future.
Abstract: 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 paper I explore the concepts of complexity and their relevance to law. In tracing an outline of complexity, a number of contradictions, paradoxes, and additional questions are exposed which require further detailed analysis in the future.

12 citations

Journal ArticleDOI
TL;DR: A framework for the talent programme system in basic research using system theory is proposed and measures to address weaknesses in the existing Talent Programme System in China are provided and analysed according to China's national talent strategy.
Abstract: Talent programmes are treated as a strategic foundation for social–economic development in China. With increasing levels of funding for basic research, talent programmes in basic research are becoming more complex. This increased complexity leads to inefficiencies because it is difficult to coordinate and manage these talent programmes effectively. This paper reports a survey of talent programmes in basic research in China. The results show that talent programmes in basic research have not yet formed an integrated system and that there exist some weaknesses in integration, structure, hierarchy and chronological order. Based on these conclusions, this paper proposes a framework for the talent programme system in basic research using system theory. Furthermore, measures to address weaknesses in the existing talent programme system are provided and analysed according to China's national talent strategy. These measures should be helpful for promoting the operation of talent programmes and optimising their ove...

12 citations


Cites background from "Law as a Social System"

  • ...A national talent strategy also has a close relationship with the external environment (Lumann 2004)....

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Journal ArticleDOI
TL;DR: In this paper, the authors provide a strategic innovation policy by linking development and global citizenship, and evolve a scenario in which citizenship represents a key intangible asset to generate tangible wealth in open horizons where free circulation of tangibles or intangibles is strategic and linked to downsizing the bureaucratic burdens.
Abstract: A viable citizenship program is pivotal for state development, and to let official policy determine politics as taught by T. J. Lowi. National states based on national-state citizenship are weaker and weaker before the key challenges of our times. That is why citizenship programs are more and more focused on innovation policies to integrate ius sanguinis, ius soli, citizenship on investment and citizenship on performance. This paper provides a strategic innovation policy by linking development and global citizenship. Innovative law-making, citizenship policy innovation, and development are dramatically interconnected to evolve a scenario in which citizenship represents a key intangible asset to generate tangible wealth in open horizons where free circulation of tangibles or intangibles is strategic and linked to downsizing the bureaucratic burdens, the local power centers by evolving a much leaner and higher organizational standard of citizenship: legally, isotropically, and socially. This results...

12 citations

Posted Content
Reza Banakar1
TL;DR: In this paper, the authors argue that since the relevant features described by Galligan are, ultimately, related to legal rules, his approach amounts to a top-down method of contextualising the impact of the law on society and as such loses sight of law's fluidity and societal embeddedness.
Abstract: In Law in Modern Society, Denis Galligan argues that adopting a social scientific perspective, which describes and analyses the law in extra-legal terms, can easily entail losing sight of the law as a distinct social formation. To avoid this pitfall, socio-legal research should contextualise those features of the legal system which are relevant to the actions of citizens and officials of the law. This essay argues that since the “relevant” features described by Galligan are, ultimately, related to legal rules, his approach amounts to a top-down method of contextualising the impact of the law on society and as such loses sight of law’s fluidity and societal embeddedness. Using Galligan’s methodology as its backdrop, this essay sketches the contours of three ideal typical approaches to the contextualisation of law. The first approach examines how social institutions absorb law within their existing networks of rules and relations; the second reverses law’s method of dislodging actions from their socio-historical context; and the third uncovers the socio-cultural and historical embeddedness of the legal system. This paper concludes by arguing that these three approaches reverse the de-contextualising effects of modern Western law in different ways and degrees. Scholars who employ the second and the third approaches often do so as part of their search for alternative forms of law and legality. What is identified by Galligan as losing sight of the distinctiveness of the law should, in their case, be explored in light of the ongoing struggle for law, rather than as the failure of social sciences to account for the specificity of positive law.

12 citations

References
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Journal ArticleDOI
Ralf Michaels1
TL;DR: In this paper, the authors discuss how legal pluralism engages with legal globalization and how legal globalization utilizes legal plurality, and provide an outlook on the future of global legal plurality as theory and practice.
Abstract: Some challenges of legal globalization closely resemble those formulated earlier for legal pluralism: the irreducible plurality of legal orders, the coexistence of domestic state law with other legal orders, the absence of a hierarchically superior position transcending the differences. This review discusses how legal pluralism engages with legal globalization and how legal globalization utilizes legal pluralism. It demonstrates how several international legal disciplines—comparative law, conflict of laws, public international law, and European Union law—have slowly begun to adopt some ideas of legal pluralism. It shows how traditional themes and questions of legal pluralism—the definition of law, the role of the state, of community, and of space—are altered under conditions of globalization. It addresses interrelations between different legal orders and various ways, both theoretical and practical, to deal with them. And it provides an outlook on the future of global legal pluralism as theory and practic...

287 citations

Posted Content
TL;DR: A growing body of literature in organization studies draws on the idea that communication constitutes organization, often abbreviated to CCO as discussed by the authors and introduces Luhmann's theory of social systems as a prominent example of CCO thinking.
Abstract: A growing body of literature in organization studies draws on the idea that communication constitutes organization, often abbreviated to CCO This paper introduces Luhmann’s theory of social systems as a prominent example of CCO thinking I argue that Luhmann’s perspective contributes to current conceptual debates on how communication constitutes organization The theory of social systems highlights that organizations are fundamentally grounded in paradox because they are built on communicative events that are contingent by nature Consequently, organizations are driven by the continuous need to deparadoxify their inherent contingency In that respect, Luhmann’s approach fruitfully combines a processual, communicative conceptualization of organization with the notion of boundary and self-referentiality Notwithstanding the merits of Luhmann’s approach, its accessibility tends to be limited due to the hermetic terminology that it employs and the fact that it neglects the role of material agency in the communicative construction of organizations

114 citations

Posted Content
TL;DR: The concept of transnational legal pluralism as mentioned in this paper has been proposed to understand the evolution of law in relation and response to the development of "world society" in the context of regulatory governance.
Abstract: This paper draws out the analogies and connections between long-standing legal sociological insights into pluralistic legal orders and present concerns with the fragmentation of law outside of the nation state. Within the nation-state, the discovery of legal pluralism inspired a larger contestation of concepts of legal formalism, of the alleged unity of the legal order and of the hierarchy of norms against the background of a consistently advancing process of constitutionalization. This research heightened regulators’ sensitivity to blind spots and exclusionary dynamics in the design of rights, leading inter alia to wide-ranging efforts to render more effective access to justice, legal aid and legal representation. Another important consequence concerned an increased awareness of different levels and sites of norm-creation in various societal areas. Much of this is mirrored by today’s quest for a just, democratic and equitable global legal order, for example in the debate about ‘fragmentation of international law’ or ‘global administrative law’. But, while the legal pluralism debate largely unfolded in the context (and contestation) of relatively mature legal orders and institutions, such institutional frameworks and safeguards are largely absent on the international plane. As a result, the emergence of numerous norm-setting agencies, specialized courts and tribunals and regulatory networks are perceived as obstacles or impediments to the creation of a sound legal order on a global scale, rather than as inherent traits of an evolving legal order.In order to grasp the increasingly transterritorial nature of regulatory governance it is necessary to revisit the arguments in support of legal pluralism and, in particular, the legal pluralist critique of the association of law with the state. On that basis, it becomes possible to read the currently dominant narrative of the ‘end of law’ in an era of globalisation in a different light. Rather than describing the advent of globalisation as an end-point of legal development, the transnational perspective seeks to deconstruct the various law-state associations by understanding the evolution of law in relation and response to the development of ‘world society’. The currently lamented lack of democratic accountability, say, in international economic governance, can then be perceived as a further consequence in a highly differentiated and de-territorialized society. The paper thus rejects the attempts by lawyers to re-align transnational governance actors with traditional concepts of the state or of civil society and, instead, contrasts them with various advances in sociology and anthropology with regard to the evolution of ‘social norms’ and ‘spaces’ of governance and regulation. These perspectives effectively challenge present attempts to conceptualize a hierarchically structured global legal order. This article’s proposed concept of ‘transnational legal pluralism’ [TLP] goes beyond Philip Jessup’s 1956 idea of ‘transnational law’, through which he sought to both complement and challenge Public and Private International Law. TLP brings together insights from legal sociology and legal theory with research on global justice, ethics and regulatory governance to illustrate the transnational nature of law and regulation, always pushing against the various claims to legal unity and hierarchy made over time.

81 citations

Journal ArticleDOI
TL;DR: In this paper, the authors present a perspective on the interaction between formal and informal institutions in spatial planning in which they transform each other continuously, in processes that can be described and analyzed as ongoing reinterpretations.
Abstract: In this article, we present a perspective on the interaction between formal and informal institutions in spatial planning in which they transform each other continuously, in processes that can be described and analyzed as ongoing reinterpretations. The effects of configurations and dialectics are often ambiguous, only partially observable, different in different domains and at different times. By means of analyses of key concepts in planning theory and practice, this perspective is illustrated and developed. Finally, we analyze transformation options in planning systems, emphasizing the limits of formal institutions in transforming formal/informal configurations, and stressing the importance of judgment and conflict.

79 citations

Journal ArticleDOI
TL;DR: A review of the preceding scholarly work and attempts to contextualize it in debates around global governance and global constitutionalism can be found in this paper, where the authors suggest that we ought to revisit legal sociological insights into the emergence of legal pluralism.
Abstract: Transnational law, since its iteration by Philip Jessup in the 1950s, has inspired a league of scholars to investigate into the scope, doctrine, sources and practice of border-crossing legal regulation. This paper reviews much of this preceding scholarly work and attempts to contextualize it in debates around global governance and global constitutionalism. These debates are no longer confined to international lawyers or political scientists. Together with anthropologists, sociologists, geographers and legal philosophers and legal theorists, these scholars have been significantly widening the scope of their investigation. The current, multi - and interdisciplinary research into the prospects of political sovereignty, democratic governance and legal regulation on a global scale suggests a further continuation of such intellectual bricolage and collaboration. The here presented paper builds on a larger research project into the methodology of transnational law and suggests that we ought to revisit legal sociological insights into the emergence of legal pluralism to make sense of today’s co-evolution of ‘formal’ and ‘informal’, ‘public’ and ‘private’ laws – and social norms.

65 citations