Luhmann and Socio-Legal Research: An Empirical Agenda for Social Systems Theory

This book discusses the designs and applications of the social systems theory in relation to empirical socio-legal studies,focusing on methodological discussions and empirical examples concerning the innovations and potentials of functional and systemic approaches to the study of legal phenomena. It also discusses connections and contrasts with other jurisprudential approaches,such as critical theory,law and economics,and traditional empirical research in law.

Format: Hardback
Length: 270 pages
Publication date: 30 December 2020
Publisher: Taylor & Francis Ltd

This book delves into the intricate designs and practical applications of social systems theory, developed by the renowned sociologist Niklas Luhmann in the mid-20th century. This theory is renowned for its complex and abstract conceptual framework, posing significant challenges for scholars seeking to apply it to empirical socio-legal studies. However, the question arises: how can we modify this theory to effectively study localized phenomena and incorporate empirical data, such as case law, statutes, constitutions, and regulations? This concern is at the forefront of the minds of scholars from diverse regions who contribute to this volume. The book focuses on methodological discussions and empirical examples that explore the innovative potentials and practical applications of functional and systemic approaches in the study of legal phenomena. It examines the interplay between law, economy, regulation, politics, and public policies, highlighting the ways in which these systems construct their own structures and semantics and interact with each other.

Two decades after Luhmann's passing, the 21st century has witnessed remarkable transformations in technologies and institutions, shaping a hyper-connected, ultra-interactive world society. These changes have brought forth operational and reflective challenges to functional systems of law, politics, and economy, as well as social movements and protests, and major organizational systems, including courts, enterprises, parliaments, and public administration. Embracing an empirical approach, this book delves into the diverse forms through which systems construct their own structures and semantics, often causing friction and irritation. By engaging Luhmann's theoretical apparatus with empirical research in law, this book offers valuable insights to students and researchers in the field of socio-legal studies, providing a comprehensive understanding of the complexities and dynamics of social systems in the contemporary world.

Weight: 634g
Dimension: 242 x 158 x 24 (mm)
ISBN-13: 9780367439712