Luhmann on Law And Politics: Critical Appraisals And by Michael King, Chris Thornhill

By Michael King, Chris Thornhill

Might be greater than the other social theorist in contemporary historical past, Niklas Luhmann's paintings has aroused severe, and infrequently hostile, responses. It has generated controversies approximately its political implications, its resolute anti-humanism, and its formidable critique of extra tested definitions of society, social idea, and sociology. Now, besides the fact that, a progressively transforming into variety of students operating in lots of assorted disciplines have all started to exploit facets of Luhmann's sociology as a massive methodological stimulus and as a theoretical framework for reorientating their reviews. This choice of essays contains severe and reconstructive contributions by means of a couple of amazing social theorists, political theorists, criminal students, and empirical sociologists. jointly, they supply proof of Luhmann's broad and numerous relevance to the problems dealing with modern society, and, even as, they increase our knowing of the demanding situations posed via his theoretical paradigm to extra conventional conceptions of social thought.

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Example text

This looks serious, but all may not yet be lost. After all, law, in common with all of the other functional subsystems, has always had to develop strategies of deparadoxification. The challenge may now be greater, but that does not mean it is impossible. Unless, of course, there is something qualitatively different about a legal orientation that includes knowledge about the autopoietic nature of the system. Doesn’t this make the process of deparadoxification itself paradoxical? In other words, is reflexive law a paradox too far?

Coupling through interference or ‘bifurcation and attractors’. This alternative appears to mark a definite departure from Luhmann’s account insofar as the concept of interference is one developed by Teubner. Whether this concept nevertheless remains compatible with Luhmann’s theory is the question. 77 In contrast to the previous arrangement—the 1988 Basel Capital Accord, which prescribed a simple uniform standard— the new framework allows banks to choose from three different approaches to the calculation of minimum capital.

2 This denial is, of course, self-serving in the impression it gives or is supposed to give that their work has immediate relevance and importance for current legal and political decisions. Yet at the same time this denial risks replicating within the world of social theory that very taken-for-granted reality of practical policy and decision-making. As the gap between theory and practice closes, there is always a price to pay in terms of alternative realities that have to be sacrificed at the altars of practicality and expediency.

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