The present debate in legal theory is dominated by an unfruitful schism. On the one hand, analytical theories are concerned with the positivity of law, running the risk of missing the law's relation to society. On the other hand, sociological approaches analyze all sorts of social interactions of law, but have developed no conceptual tools to do justice to the autonomy of law. The theory of autopoiesis offers law a chance of getting round the falsely posed alternative between an autonomous rule system or a socially conditioned decision-making process. It is a theory of law that sees the law's autonomy in the self-reproduction of a communication network and understands its relation to society as interference with other autonomous communication networks. Building on the ideas of Humberto Maturana, Heinz von Foerster and Niklas Luhmann, Gunther Teubner uses the concepts of self-organization and autopoiesis to develop a concept of law as a hypercyclically closed social system. This book will stand as a landmark in legal theory and become a standard point of departure in the sociology of law.
Gunther Teubner Boeken






Crime, The Mystery of the Common-Sense Concept
- 272bladzijden
- 10 uur lezen
Crime is a source of endless fascination and fear. Yet behind the apparent consensus that crime must be fought, there is considerable conflict about what should or should not be treated as criminal, and even the most shocking crimes can inspire divisive debate.
Constitutional fragments
- 228bladzijden
- 8 uur lezen
The powerful private sectors of the world economy remain unconstrained by fundamental constitutional rules, leading to human rights abuses on a massive scale. This book examines how the values of constitutional governance can be applied to the private sphere in the modern world, through a network of constitutional fragments.
Offering a comprehensive overview of Jurisprudence and Legal Theory, this book guides readers through a diverse range of legal perspectives. It covers both traditional theories like Natural Law and contemporary approaches including Feminist Theory, Economic Analysis of Law, and Foucault's insights on law. The structured course of study is designed to make complex concepts accessible, making it an ideal resource for those seeking to understand the evolution and breadth of legal thought.
Law and Order
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- 6 uur lezen
Law and order has become a key issue throughout the world. Crime stories saturate the mass media and politicians shrilly compete with each other in a race to be the toughest on crime. Prisons are crammed to bursting point, and police powers and resources extended repeatedly.
The Politics of the Police
- 334bladzijden
- 12 uur lezen
This book covers the history of the police, the sociology of policing, and the law and politics of the police. From Clint Eastwood's Dirty Harry to Life on Mars, Robert Reiner explores the highly-charged debates that surround policing and analyses the proposals for reform.
Juridification of social spheres
- 446bladzijden
- 16 uur lezen
Frontmatter -- Preface -- Table of Contents -- I. General Aspects -- Juridification Concepts, Aspects, Limits, Solutions / TEUBNER, GUNTHER -- Juridification and Disorder / BERCUSSON, BRIAN -- Justice, Equality, Judgement: On “Social Justice” / EWALD, FRANÇOIS -- II. Labor -- Juridification of Labor Relations / SIMITIS, SPIROS -- Juridification – a Universal Trend? The British Experience in Labor Law / CLARK, JON / WEDDERBURN, LORD -- Juridification: Labor Relations in Italy / GIUGNI, GINO -- III. Corporations -- Juridification of Corporate Structures / KÜBLER, FRIEDRICH -- Juridification and Legitimation Problems in American Enterprise Law / BUXBAUM, RICHARD M . -- Recent Developments in Italian Corporate Law / CORSI, FRANCESCO -- IV. Antitrust -- Restrictive Trade Practices and Juridification: A Comparative Law Study / HOPT, KLAUS J. -- Antitrust: Alternatives to Delegalization / MARKOVITS, RICHARD S . -- V. Social Welfare -- Juridification in the Field of Social Law / ZACHER, HANS F . -- The Juridification of Social Welfare in Britain / PARTINGTON, MARTIN -- Authors’ Biographical Sketches -- Subject Index
The first English-language collection of the work of one of Europe's top legal sociologists, introducing his influential theories of societal constitutionalism and legal autopoiesis. -- .
Wharton on Managing Emerging Technologies
- 480bladzijden
- 17 uur lezen
An interdisciplinary team of researchers provides guidance on how managers need to change their business practices to address innovations such as biotechnology, information technology, the Internet, and advanced material. George S. Day (Philadelphia, PA) is the Geoffrey T. Boisi Professor of Marketing.
Over the last two decades, and in the wake of increases in recorded crime and other social changes, British criminal justice policy has become increasingly politicised as an index of governments' competence. New and worrying developments, such as the inexorable rise of the US prison population and the rising force of penal severity, seem unstoppable in the face of popular anxiety about crime. But is this inevitable? Nicola Lacey argues that harsh 'penal populism' is not the inevitable fate of all contemporary democracies. Notwithstanding a degree of convergence, globalisation has left many of the key institutional differences between national systems intact, and these help to explain the striking differences in the capacity for penal tolerance in otherwise relatively similar societies. Only by understanding the institutional preconditions for a tolerant criminal justice system can we think clearly about the possible options for reform within particular systems.