Complexity Theory as a Paradigm for the Dynamical Law-and-Society System

Complexity Theory as a Paradigm for the Dynamical Law-and-Society System
Author: J. B. Ruhl
Publisher:
Total Pages: 80
Release: 2009
Genre:
ISBN:

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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.

Complexity Theory and Law

Complexity Theory and Law
Author: Jamie Murray
Publisher: Routledge
Total Pages: 292
Release: 2018-07-17
Genre: Law
ISBN: 1351658174

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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.

Handbook on Complexity and Public Policy

Handbook on Complexity and Public Policy
Author: Robert Geyer
Publisher: Edward Elgar Publishing
Total Pages: 497
Release: 2015-05-29
Genre: Political Science
ISBN: 1782549528

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'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

Evidential Legal Reasoning

Evidential Legal Reasoning
Author: Jordi Ferrer Beltrán
Publisher: Cambridge University Press
Total Pages: 459
Release: 2022-05-19
Genre: Law
ISBN: 1316516997

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A global overview of evidentiary reasoning with contributions from leading authorities from different legal traditions and four continents.

Complex Copyright

Complex Copyright
Author: Deborah Tussey
Publisher: Routledge
Total Pages: 156
Release: 2016-05-23
Genre: Law
ISBN: 131716282X

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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.

Jurisprudence

Jurisprudence
Author: Suri Ratnapala
Publisher: Cambridge University Press
Total Pages: 433
Release: 2013-09-30
Genre: Law
ISBN: 1107612578

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Offers a comprehensive overview of legal theory and philosophy and demystifies the discipline's major ideas and debates.

Perspectives on Environmental Law Scholarship

Perspectives on Environmental Law Scholarship
Author: Ole W. Pedersen
Publisher: Cambridge University Press
Total Pages: 255
Release: 2018-11-08
Genre: Law
ISBN: 1108475248

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Presents the first comprehensive reflection on the nature of environmental law scholarship from the perspectives of leading scholars in the field.

Making Climate Lawyers

Making Climate Lawyers
Author: Kimberly K. Smith
Publisher: University Press of Kansas
Total Pages: 256
Release: 2024-04-11
Genre: Law
ISBN: 0700636390

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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.

Comparative Legal Studies: Traditions and Transitions

Comparative Legal Studies: Traditions and Transitions
Author: Pierre Legrand
Publisher: Cambridge University Press
Total Pages: 532
Release: 2003-08-14
Genre: Law
ISBN: 110732033X

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The 14 essays that make up this 2003 volume are written by leading international scholars to provide an authoritative survey of the state of comparative legal studies. Representing such varied disciplines as the law, political science, sociology, history and anthropology, the contributors review the intellectual traditions that have evolved within the discipline of comparative legal studies, explore the strengths and failings of the various methodologies that comparatists adopt and, significantly, explore the directions that the subject is likely to take in the future. No previous work had examined so comprehensively the philosophical and methodological foundations of comparative law. This is quite simply a book with which anyone embarking on comparative legal studies will have to engage.

Borrowed Knowledge

Borrowed Knowledge
Author: Stephen H. Kellert
Publisher: University of Chicago Press
Total Pages: 303
Release: 2009-05-15
Genre: Science
ISBN: 0226429806

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What happens to scientific knowledge when researchers outside the natural sciences bring elements of the latest trend across disciplinary boundaries for their own purposes? Researchers in fields from anthropology to family therapy and traffic planning employ the concepts, methods, and results of chaos theory to harness the disciplinary prestige of the natural sciences, to motivate methodological change or conceptual reorganization within their home discipline, and to justify public policies and aesthetic judgments. Using the recent explosion in the use (and abuse) of chaos theory, Borrowed Knowledge and the Challenge of Learning across Disciplines examines the relationship between science and other disciplines as well as the place of scientific knowledge within our broader culture. Stephen H. Kellert’s detailed investigation of the myriad uses of chaos theory reveals serious problems that can arise in the interchange between science and other knowledge-making pursuits, as well as opportunities for constructive interchange. By engaging with recent debates about interdisciplinary research, Kellert contributes a theoretical vocabulary and a set of critical frameworks for the rigorous examination of borrowing.