Social Systems Theory And Judicial Review

Author : Katayoun Baghai
Publisher : Routledge
Page : 219 pages
File Size : 40,7 Mb
Release : 2016-03-03
Category : Law
ISBN : 9781317053460

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Social Systems Theory and Judicial Review by Katayoun Baghai Pdf

This book demonstrates the empirical gains and integrative potentials of social systems theory for the sociology of law. Against a backdrop of classical and contemporary sociological debates about law and society, it observes judicial review as an instrument for the self-steering of a functionally differentiated legal system. This allows close investigation of the US Supreme Court’s jurisprudence of rights, both in legal terms and in relation to structural transformations of modern society. The result is a thought-provoking account of conceptual and doctrinal developments concerning racial discrimination, race-based affirmative action, freedom of religion, and prohibition of its establishment, detailing the Court’s response to boundary tensions between functionally differentiated social systems. Preliminary examination of the European Court of Human Rights’ privacy jurisprudence suggests the pertinence of the analytic framework to other rights and jurisdictions. This contribution is particularly timely in the context of increasing appeals to fundamental rights around the world and the growing role of national and international high courts in determining their concrete meanings.

Author : Niklas Luhmann
Publisher : Oxford Socio-Legal Studies
Page : 524 pages
File Size : 50,9 Mb
Release : 2004
Category : Law
ISBN : 0198262388

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Law as a Social System by Niklas Luhmann Pdf

However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.

Author : Harry Mack Johnson
Publisher : Unknown
Page : 380 pages
File Size : 51,8 Mb
Release : 1978
Category : Public interest
ISBN : UCAL:B4372858

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Social System and Legal Process by Harry Mack Johnson Pdf

Theorical perpectives; Comparative perspectives; Special studies: USA.

Author : LUCAS FUCCI. AMATO,Marco Antonio Loschiavo Leme de Barros
Publisher : Routledge
Page : 0 pages
File Size : 43,6 Mb
Release : 2022-08
Category : Electronic
ISBN : 0367637324

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Luhmann and Socio-Legal Research by LUCAS FUCCI. AMATO,Marco Antonio Loschiavo Leme de Barros Pdf

This book discusses the designs and applications of the social systems theory (built by Niklas Luhmann, 1927-1998) in relation to empirical socio-legal studies. This is a sociological and legal theory known for its highly complex and abstract conceptual apparatus. But how to change its scale in order to study more localised phenomena, and to deal with empirical data, such as case law, statutes, constitutions and regulation? This is the concern of a wide variety of scholars from many regions engaged in this volume. It focuses on methodological discussions and empirical examples concerning the innovations and potentials that functional and systemic approaches can bring to the study of legal phenomena (institutions building, argumentation and dispute-settlement), in the interface with economy and regulation, and with politics and public policies. It also discusses connections and contrasts with other jurisprudential approaches - for instance, with critical theory, law and economics, and traditional empirical research in law. Two decades after Luhmann's death, the 21st century has brought countless transformations in technologies and institutions. These changes, resulting in a hyper-connected, ultra-interactive world society bring operational and reflective challenges to the functional systems of law, politics and economy, to social movements and protests, and to major organisational systems, such as courts and enterprises, parliaments and public administration. Pursuing an empirical approach, this book details the variable forms by which systems construct their own structures and semantics and 'irritate' each other. Engaging Luhmann's theoretical apparatus with empirical research in law, this book will be of interest to students and researchers in the field of socio-legal studies, the sociology of law, legal history and jurisprudence.

Author : Richard Nobles,David Schiff
Publisher : Bloomsbury Publishing
Page : 290 pages
File Size : 44,6 Mb
Release : 2012-12-07
Category : Law
ISBN : 9781782250111

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Observing Law through Systems Theory by Richard Nobles,David Schiff Pdf

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.

Author : Scott E. Lemieux,David J. Watkins
Publisher : Routledge
Page : 296 pages
File Size : 54,6 Mb
Release : 2017-11-03
Category : Political Science
ISBN : 9781351602129

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Judicial Review and Contemporary Democratic Theory by Scott E. Lemieux,David J. Watkins Pdf

For decades, the question of judicial review’s status in a democratic political system has been adjudicated through the framework of what Alexander Bickel labeled "the counter-majoritarian difficulty." That is, the idea that judicial review is particularly problematic for democracy because it opposes the will of the majority. Judicial Review and Contemporary Democratic Theory begins with an assessment of the empirical and theoretical flaws of this framework, and an account of the ways in which this framework has hindered meaningful investigation into judicial review’s value within a democratic political system. To replace the counter-majoritarian difficulty framework, Scott E. Lemieux and David J. Watkins draw on recent work in democratic theory emphasizing democracy’s opposition to domination and analyses of constitutional court cases in the United States, Canada, and elsewhere to examine judicial review in its institutional and political context. Developing democratic criteria for veto points in a democratic system and comparing them to each other against these criteria, Lemieux and Watkins yield fresh insights into judicial review’s democratic value. This book is essential reading for students of law and courts, judicial politics, legal theory and constitutional law.

Author : Julius Stone
Publisher : U of Minnesota Press
Page : 129 pages
File Size : 52,6 Mb
Release : 1966
Category : Social Science
ISBN : 9780816603787

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Law and the Social Sciences in the Second Half Century by Julius Stone Pdf

The author, a distinguished authority on law, provides an illuminating and challenging discussion of the social aspects of law and legal problems. As a background to some penetrating observations, he takes stock of the contributions and interrelations of.

Author : Brian Z. Tamanaha
Publisher : Oxford University Press
Page : 304 pages
File Size : 54,9 Mb
Release : 1997
Category : Law
ISBN : 0198265603

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Realistic Socio-legal Theory by Brian Z. Tamanaha Pdf

Combining philosophical pargmatism with a methodological foundation, Tamanaha formulates a framework for a realistic approach to socio-legal theory. The strengths of this approach are contrasted with that of the major schools of socio-legal theory by application to core issues in this area.Thus Tamanaha explores the problematic state of socio-legal studies, the relationship between behaviour and meaning, the notion of legal ideology, the problem of indeterminacy in rule following and application, and the structure of judicial decision making. These issues are tackled in a clear andconcise fashion while articulating a social theory of law which draws equally from legal theory and socio-legal theory.

Author : Reza Banakar,Max Travers
Publisher : A&C Black
Page : 694 pages
File Size : 55,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252047

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Law and Social Theory by Reza Banakar,Max Travers Pdf

There is a growing interest within law schools in the intersections between law and different areas of social theory. The second edition of this popular text introduces a wide range of traditions in sociology and the humanities that offer provocative, contextual views on law and legal institutions. The book is organised into six sections, each with an introduction by the editors, on classical sociology of law, systems theory, critical approaches, law in action, postmodernism, and law in global society. Each chapter is written by a specialist who reviews the literature, and discusses how the approach can be used in researching different topics. New chapters include authoritative reviews of actor network theory, new legal realism, critical race theory, post-colonial theories of law, and the sociology of the legal profession. Over half the chapters are new, and the rest are revised in order to include discussion of recent literature.

Author : W. J. Waluchow
Publisher : Cambridge University Press
Page : 7 pages
File Size : 54,8 Mb
Release : 2006-12-25
Category : Philosophy
ISBN : 9781139462815

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A Common Law Theory of Judicial Review by W. J. Waluchow Pdf

In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.

Author : Joel F. Handler
Publisher : Unknown
Page : 278 pages
File Size : 41,7 Mb
Release : 1978
Category : History
ISBN : UOM:39015031597217

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Social Movements and the Legal System by Joel F. Handler Pdf

Author : Mark Tushnet
Publisher : Princeton University Press
Page : 288 pages
File Size : 47,5 Mb
Release : 2009-07-20
Category : Political Science
ISBN : 9781400828159

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Weak Courts, Strong Rights by Mark Tushnet Pdf

Unlike many other countries, the United States has few constitutional guarantees of social welfare rights such as income, housing, or healthcare. In part this is because many Americans believe that the courts cannot possibly enforce such guarantees. However, recent innovations in constitutional design in other countries suggest that such rights can be judicially enforced--not by increasing the power of the courts but by decreasing it. In Weak Courts, Strong Rights, Mark Tushnet uses a comparative legal perspective to show how creating weaker forms of judicial review may actually allow for stronger social welfare rights under American constitutional law. Under "strong-form" judicial review, as in the United States, judicial interpretations of the constitution are binding on other branches of government. In contrast, "weak-form" review allows the legislature and executive to reject constitutional rulings by the judiciary--as long as they do so publicly. Tushnet describes how weak-form review works in Great Britain and Canada and discusses the extent to which legislatures can be expected to enforce constitutional norms on their own. With that background, he turns to social welfare rights, explaining the connection between the "state action" or "horizontal effect" doctrine and the enforcement of social welfare rights. Tushnet then draws together the analysis of weak-form review and that of social welfare rights, explaining how weak-form review could be used to enforce those rights. He demonstrates that there is a clear judicial path--not an insurmountable judicial hurdle--to better enforcement of constitutional social welfare rights.

Author : Richard Nobles,David Schiff
Publisher : Bloomsbury Publishing
Page : 286 pages
File Size : 51,8 Mb
Release : 2012-12-07
Category : Law
ISBN : 9781782250128

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Observing Law through Systems Theory by Richard Nobles,David Schiff Pdf

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.

Author : Hugh Baxter
Publisher : Stanford University Press
Page : 352 pages
File Size : 47,7 Mb
Release : 2011-05-17
Category : Law
ISBN : 9780804777810

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Habermas by Hugh Baxter Pdf

Though many legal theorists are familiar with Jürgen Habermas's work addressing core legal concerns, they are not necessarily familiar with his earlier writings in philosophy and social theory. Because Habermas's later work on law invokes, without significant explanation, the whole battery of concepts developed in earlier phases of his career, even otherwise sympathetically inclined legal theorists face significant obstacles in evaluating his insights. A similar difficulty faces those outside the legal academy who are familiar with Habermas's earlier work. While they readily comprehend Habermas's basic social-theoretical concepts, without special legal training they have difficulty reliably assessing his recent engagement with contemporary legal thought. This new work bridges the gap between legal experts and those without special legal training, critically assessing the attempt of an unquestionably preeminent philosopher and social theorist to engage the world of law.

Author : Niklas Luhmann
Publisher : Polity
Page : 300 pages
File Size : 45,7 Mb
Release : 2012-12-10
Category : Social Science
ISBN : 0745645720

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Introduction to Systems Theory by Niklas Luhmann Pdf

Niklas Luhmann ranks as one of the most important sociologists and social theorists of the twentieth century. Through his many books he developed a highly original form of systems theory that has been hugely influential in a wide variety of disciplines. In Introduction to Systems Theory, Luhmann explains the key ideas of general and sociological systems theory and supplies a wealth of examples to illustrate his approach. The book offers a wide range of concepts and theorems that can be applied to politics and the economy, religion and science, art and education, organization and the family. Moreover, Luhmann’s ideas address important contemporary issues in such diverse fields as cognitive science, ecology, and the study of social movements. This book provides all the necessary resources for readers to work through the foundations of systems theory – no other work by Luhmann is as clear and accessible as this. There is also much here that will be of great interest to more advanced scholars and practitioners in sociology and the social sciences.