Complexity Theory As A Paradigm For The Dynamical Law And Society System
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Author | : J. B. Ruhl |
Publisher | : |
Total Pages | : 80 |
Release | : 2009 |
Genre | : |
ISBN | : |
Download Complexity Theory as a Paradigm for the Dynamical Law-and-Society System Book in PDF, Epub and Kindle
This article is the first in my series of articles exploring the application of complex adaptive systems (CAS) theory to legal systems. It builds the basic model of CAS and maps it onto legal systems, offering some suggestions for what it means in terms of legal institution and instrument design.
Author | : Jamie Murray |
Publisher | : Routledge |
Total Pages | : 292 |
Release | : 2018-07-17 |
Genre | : Law |
ISBN | : 1351658174 |
Download Complexity Theory and Law Book in PDF, Epub and Kindle
This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.
Author | : Robert Geyer |
Publisher | : Edward Elgar Publishing |
Total Pages | : 497 |
Release | : 2015-05-29 |
Genre | : Political Science |
ISBN | : 1782549528 |
Download Handbook on Complexity and Public Policy Book in PDF, Epub and Kindle
'Over recent years Complexity Science has revealed to us new limits to our possible knowledge and control in social, cultural and economic systems. Instead of supposing that past statistics and patterns will give us predictable outcomes for possible actions, we now know the world is, and will always be, creative and surprising. Continuous structural evolution within such systems may change the mechanisms, descriptors, problems and opportunities, often negating policy aims. We therefore need to redevelop our thinking about interventions, policies and policy making, moving perhaps to a humbler, more 'learning' approach. In this Handbook, leading thinkers in multiple domains set out these new ideas and allow us to understand how these new ideas are changing policymaking and policies in this new era.' - Peter M Allen, Cranfield University, UK
Author | : Jordi Ferrer Beltrán |
Publisher | : Cambridge University Press |
Total Pages | : 459 |
Release | : 2022-05-19 |
Genre | : Law |
ISBN | : 1316516997 |
Download Evidential Legal Reasoning Book in PDF, Epub and Kindle
A global overview of evidentiary reasoning with contributions from leading authorities from different legal traditions and four continents.
Author | : Suri Ratnapala |
Publisher | : Cambridge University Press |
Total Pages | : 433 |
Release | : 2013-09-30 |
Genre | : Law |
ISBN | : 1107292697 |
Download Jurisprudence Book in PDF, Epub and Kindle
Jurisprudence offers a comprehensive overview of legal theory and philosophy. Written in plain English, it examines and demystifies the discipline's major ideas, promoting a deeper understanding of the social, moral and economic dimensions of the law. It critically assesses the major schools of jurisprudential thought throughout history and to the present, from Plato and Aristotle to Enlightenment thinkers, postmodernists and economic analysts. The book challenges students to reconsider their moral intuitions in light of established theories. This edition examines recent debates and literature in legal philosophy. It features new material on scientific advances in cognition and human behaviour in relation to the law. The book expands significantly on its discussion of natural law theory, evolutionary jurisprudence and theories of justice. Special attention is paid to the revival of theological natural law, challenges to legal positivism, assessments of Scandinavian realism and critiques of law and economics from the Austrian economic perspective.
Author | : Deborah Tussey |
Publisher | : Routledge |
Total Pages | : 156 |
Release | : 2016-05-23 |
Genre | : Law |
ISBN | : 131716282X |
Download Complex Copyright Book in PDF, Epub and Kindle
This book draws on a wide selection of interdisciplinary literature discussing complex adaptive systems - including scholarship from economics, political science, evolutionary biology, cognitive science, and religion - to apply general complexity tenets to the institutions, conceptual framework, and theoretical justifications of the copyright system, both in the United States and internationally. The author argues that copyrighted works are the products of complex creative systems and, consequently, designers of copyright regimes for the global 'information ecosystem' should look to complexity theory for guidance. Urging legal scholars to undertake empirical studies of real-world copyright systems, Tussey reveals how the selection of workable configurations for the copyright regime is larger than that encompassed by the traditional, entirely theoretical, debate between private property rights and the commons. Finally, this unique study articulates how copyright law must tolerate certain chaotic elements that may be essential to the sustainability of complex systems.
Author | : Ole W. Pedersen |
Publisher | : Cambridge University Press |
Total Pages | : 255 |
Release | : 2018-11-08 |
Genre | : Law |
ISBN | : 1108475248 |
Download Perspectives on Environmental Law Scholarship Book in PDF, Epub and Kindle
Presents the first comprehensive reflection on the nature of environmental law scholarship from the perspectives of leading scholars in the field.
Author | : Steven Wheatley |
Publisher | : Oxford University Press |
Total Pages | : 220 |
Release | : 2019-01-17 |
Genre | : Law |
ISBN | : 0191066869 |
Download The Idea of International Human Rights Law Book in PDF, Epub and Kindle
International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
Author | : Ann Mumford |
Publisher | : Cambridge University Press |
Total Pages | : 245 |
Release | : 2010-11-04 |
Genre | : Law |
ISBN | : 1139493477 |
Download Tax Policy, Women and the Law Book in PDF, Epub and Kindle
Tax policy frequently targets the choices that women face in many aspects of their lives. Decisions regarding working away from home, having children, marrying, registering a partnership or cohabiting with a partner all entail tax consequences. The end of the twentieth century saw progress in women's legal and social equality, but many governments began to increase their reliance on the tax system as a means of influencing the choices that women make. The juxtaposition of this instrumentalist deployment of tax with persisting economic inequality for women is the starting point for this book. Employing a range of theoretical approaches, and grounding its investigations in sociological theory and cultural philosophy, it provides the foundation for a comparative, contextual consideration of the issues that arise at the intersection of women, tax policy and the law.
Author | : Kimberly K. Smith |
Publisher | : University Press of Kansas |
Total Pages | : 256 |
Release | : 2024-04-11 |
Genre | : Law |
ISBN | : 0700636390 |
Download Making Climate Lawyers Book in PDF, Epub and Kindle
Why did it take so long for American law schools to start teaching about climate change? Although most environmental law professors were aware of climate change by 1990, it took nearly fifteen years for them to incorporate the topic into their curriculum. In her innovative new work, Kimberly K. Smith explores how American environmental law professors have addressed climate change, identifying the barriers they faced, how they overcame them, and how they created “climate law” as a domain of legal specialization. Making Climate Lawyers explores the history of why American law schools were resistant to teaching about climate change and how that changed over the course of a forty-year period, resulting in law schools across the country incorporating climate change into their curricula, with many even establishing centers on the environment. Smith challenges dominant explanations of why the United States was slow to develop climate policy: it wasn’t just political opposition or short-sightedness. Creating climate legal professionals required changing the fundamentals of legal education. Based on dozens of interviews with faculty and students, Making Climate Lawyers fills a gap in the literature on the intellectual history of climate change, most of which focuses on the history of climate science. Smith focuses instead on how the climate problem fits (or doesn’t fit) into the structure of American law. She uses this story as a lens through which to understand both the transformation of legal education since the 1980s and the nature of climate change as a policy problem.