Journal ArticleDOI
Law as a Social System
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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:
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Global Legal Pluralism
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.
Posted Content
Organization as Communication: A Luhmannian Perspective
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.
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Transnational Legal Pluralism
Peer Zumbansen,Peer Zumbansen +1 more
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.
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Formal/Informal Dialectics and the Self-Transformation of Spatial Planning Systems:: An Exploration
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.
Journal ArticleDOI
Defining the Space of Transnational Law: Legal Theory, Global Governance & Legal Pluralism
Peer Zumbansen,Peer Zumbansen +1 more
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.
References
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Conflict of laws, constitutionalism and the american origins of the international investment regime
Machado Filho,Roberto Dalledone +1 more
Abstract: This thesis attempts to uncover how an American debate about legal unity is at the origins of the international investment regime. Although it is impossible to claim a univocal continuum from more than a century of professional experience in international law, this thesis attempts to show that there are continuities with today’s current debate on the constitutionalization of international law and, particularly, of the regime of international investment. Taking systems theory as its point of departure, this research adopts a concept of constitution that is the meaningful articulation of a prohibition of denial of justice. The procedural line that is activated by the articulation of the prohibition of the denial of justice is marked by a series of decisions that were empowered by legal norms, all of them loosely coupled to one another and to other social systems, making it possible to understand them in their historical context. The historical analysis begins, thus, with the very first moment where the concept of the prohibition of denial of justice emerged, and it explores the link between this concept and international law. In developing the development of federalism, the American Constitution created incentives for the Supreme Court to solve conflicts by establishing new empowering norms. Later on, this experience proved to be fundamental for the articulation, now on the international scene, of a concept of “denial of justice.” Finally, in light of this specific interpretation of constitutional norms within and beyond the states, the thesis claims that it is the principle, not a norm, of denial of justice that is at the heart of the current regime of international investment as a specific program designed by states to guarantee, in the transnational space, the structural coupling of law and economics— that is, property. By stressing that the concept of constitutionalism in the international scene can only be manifested through loose couplings, the very limits of this specific regime comes to light. International investment law is not necessarily a novelty within legal theory, which can account for its unity even in a pluralist setting, but this unity, as only loosely coupled with politics, is less open to inclusionary practices.
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Strategies of citizens’ initiatives in the Netherlands: connecting people and institutions
TL;DR: In this paper, two citizens' initiatives in the Netherlands are analyzed in terms of their evolution, their organization and the strategies adopted, and strategies are viewed as the contingent product of a self-transforming organization, a way of relating its internal process to the outside world.
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Theorizing Transnational Legal Ordering
TL;DR: In this paper, the authors categorize three approaches to theorizing transnational legal ordering that respectively address private legal ordering; provide a framework for the study of the interaction of lawmaking and practice at the transnational, national, and local levels; and reconfigure the concept of law.
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The evolution of ownership disclosure rules across countries.
TL;DR: In this article, the authors empirically study the evolution of ownership disclosure rules across countries and show that these rules have become more stringent over time, in the sense that disclosure thresholds have been lowered, and that there has been convergence.
Journal ArticleDOI
Privacy as a Human Right: A Sociological Theory
TL;DR: In this article, the polysemic character of privacy and its contingent legal determination in the functional differentiation of social communication systems are discussed. And the authors demonstrate a previously overlooked common denominator among privacy conflicts and an emergent principle for their legal resolution.