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Law and Intersystemic Communication: Understanding ‘Structural Coupling’

Edited by: Alberto Febbrajo, Gorm Harste

ISBN13: 9781409421108
Published: March 2013
Publisher: Routledge
Country of Publication: UK
Format: Hardback
Price: £125.00



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With contributions from experts in the field of sociology of law, this book provides an overview of current perspectives on socio-legal studies. It focuses particularly on the relationship between law and society described in recent social systems theory as ‘structural coupling’. The first part of the book presents a reconstruction of theoretical tendencies in the field of socio-legal studies, characterised by the emergence of a transnational model of legal systems no longer connected to territorial borders and culturally specific aspects of single legal orders. In the following parts of the book, the contributions analyse some concrete cases of interrelation between law and society from an empirical and theoretical perspective.

Contents:
Introduction, Alberto Febbrajo

Part I Sociology of Law and the Inter-Systemic Openness of Legal Systems: The trans-planetary journey of a legal sociologist, André-Jean Arnaud
The growth of legal transnationalism, Roger Cotterrell
A comment, Alberto Febbrajo.

Part II Social Communication and Legal Regulation: Studying structural coupling at the macro level: the big, large and huge case of state-building, Gorm Harste
Reflexive governance in the European Union? An example of structural coupling, Julien Broquet
Contract as a form of intersystemic communication, Niels Åkerstrøm Andersen
Economic system and legal regulation: the challenge of financial crises, John Paterson
Values as certain uncertainties: the paradox of value communication in organizational practice, Victoria von Groddeck
Morality, regulation and intersystemic communications, Diane Laflamme.

Part III Beyond Legal Positivism: Norms, Rights and Constitutions: Making law together? On some intersystemic conditions of judicial cooperation, Jan Winczoreck
Rights in Niklas Luhmann’s systems theory, Pierre Guibentif
Jurisprudence and inter-systemic (mis)communication, Katayoun Baghai
Structural coupling between legal system and the media: contrasting aspects of criminal law in the UK, Richard Nobles and David Schiff
polycontextural constitutionalism in the world society, Lasha Bregvadze
Legal pluralism as a form of structural coupling, Gunther Teubner

Index.