Law as a Social System
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.
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TL;DR: In the current literature in International Relations and Conflict Studies, water as a source of conflict is either extremely over- or exceedingly underrated as mentioned in this paper, and in order to account for the dynamics of...
Abstract: In the current literature in International Relations and Conflict Studies, water as a source of conflict is either extremely over- or exceedingly underrated. In order to account for the dynamics of...
49 citations
Cites background from "Law as a Social System"
...For example, the system of politics comprises communications based on the code of ‘power’ (Stetter, 2008: 69–104), science those based on the code of ‘truth’ (Stichweh, 1994), or the system of law those based on the code of ‘legality’ (Luhmann, 2004)....
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TL;DR: In this paper, the authors used a Corpus assisted discourse studies methodology to provide the first systematic analysis of how trust is discursively constructed in crypto-drug markets, using data from two purp...
Abstract: This study uses a Corpus Assisted Discourse Studies methodology to provide the first systematic analysis of how trust is discursively constructed in crypto-drug markets. The data come from two purp...
49 citations
Dissertation•
20 Apr 2017
TL;DR: In this article, the authors investigated the tension between "welfare" and "justice" that the juvenile criminal justice system has to deal with (the “welfare/justice clash”) in Sweden and Germany.
Abstract: How should we respond to a criminal offence committed by a young person? It is obvious that this is a very complex question. Multiple factors play important roles: the offence itself, but also the juvenile’s background in terms of education, socialization, prior convictions, etc. Every case is unique, but the criminal legal system has to follow the principles of legal certainty and predictability. A legal response to juvenile offending is a consequence of the criminal action, but it also has to consider the lesser maturity and greater vulnerability of young offenders. This dualism makes a trial against a young perpetrator complicated. The ideology of culpability and punishment emphasizes the seriousness of a certain offence. The ideology of welfare accentuates the social situation of the young offender and his or her individual needs. Juvenile criminal justice systems seem to face contradictory demands: from the law in a strict sense and from society at large. They are caught in the middle: between the culpability for the offence and the best interests of the young person. This thesis investigates the tension(s) between “welfare” and “justice” that the juvenile criminal justice system has to deal with (the “welfare/justice clash”) in Sweden and Germany. After exploring the differences between young and adult offenders which underlie the welfare/justice clash, the project presents an in-depth investigation of the Swedish and the German juvenile criminal justice systems. Thus, this study is comparative in its approach. To illustrate the different forms the welfare/justice clash takes in the Swedish and the German juvenile criminal justice systems, I focus on these systems’ guiding principles, legal responses and sentencing rules, procedural rules and safeguards, and on the figures in the juvenile courtroom. The investigation is not limited to a doctrinal study. I also present an empirical study, in the form of participant observations in the juvenile courtroom and semi-structured interviews with judges and public prosecutors from both countries, to gain insight into legal practice. The study of the two juvenile criminal justice systems shows that the theoretical welfare/justice clash is visible in books as well as in action, irrespective of the different approaches towards young offenders these countries pursue. However, this does not appear to give rise to any major problems in legal practice, as surprising as this may be. The practitioners in the juvenile courtroom seem to be able to balance and respect both ideologies. In the analysis, I suggest an explanation for the ability of the juvenile criminal justice systems in Sweden and in Germany to function in spite of the tensions highlighted in the previous chapters. Here, I switch perspectives from an internal view of the juvenile criminal justice system to an external view. I suggest abandoning the purely legal dogmatic (justice) approach and the purely welfare-based or social approach and instead combining elements of them in an approach to juvenile criminal justice that understands it as a system in its own right. (Less)
49 citations
TL;DR: An approach that combines both principle and process—the ecosystem approach—is assessed and the degree to which it can provide and does already provide such content and objective(s) is explored.
Abstract: Although the need for holistic ocean governance has been widely accepted and although some efforts to implement it have been made, there is still a significant lack of understanding or agreement as to its content, or primary objective(s). While both principled and process based approaches have been proposed as providing possible objectives or content for the holistic approach, both have flaws. In this paper an approach that combines both principle and process - the ecosystem approach is assessed and the degree to which it can provide and does already provide such content and objective(s) is explored.
45 citations
TL;DR: In this article, an overview of actor-network theory and its potential interest for sociolegal scholars is provided, focusing on Latour's 2002 ethnography La fabrique du droit: une ethnographie du Conseil d'Etat [The factory of law: an ethnography of the CONSEIL d'État] (2002b).
Abstract: This essay provides an overview of actor-network theory (ANT) and its potential interest for sociolegal scholars. It focuses on Bruno Latour's 2002 ethnography of La fabrique du droit: une ethnographie du Conseil d’Etat [The factory of law: an ethnography of the Conseil d’Etat] (2002b), which provides an analysis of the workings of the French Conseil d’Etat. The essay seeks to introduce non-French-reading sociolegal researchers to this work and draws out methodological and theoretical implications for research on legal institutions, legal knowledge, and bureaucracies.
45 citations
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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
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
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