Law and Intersystemic Communication: Understanding ‘Structural Coupling’

Description

With contributions from experts in the field of sociology of law, this book provides an overview of current perspectives on socio-legal studies. It focuses particularly on the relationship between law and society described in recent social systems theory as ’structural coupling’. The first part of the book presents a reconstruction of theoretical tendencies in the field of socio-legal studies, characterised by the emergence of a transnational model of legal systems no longer connected to territorial borders and culturally specific aspects of single legal orders. In the following parts of the book, the contributions analyse some concrete cases of interrelation between law and society from an empirical and theoretical perspective. Cover Contents List of Figures List of Tables List of Contributors Introduction Part I: Sociology of Law and the Intersystemic Openness of Legal Systems 1 The Transplanetary Journey of a Legal Sociologist 2 The Growth of Legal Transnationalism 3 A Comment Part II: Social Communication and Legal Regulation 4 The Big, Large and Huge Case of State-building: Studying Structural Coupling 5 Reflexive Governance in the European Union? An Example of Structural Coupling 6 Contract as a Form of Intersystemic Communication 7 Functional Differentiation, Financial Instruments and Regulatory Challenges 8 Values as Certain Uncertainties: The Paradox of Value Communication 9 Moralized Communications and Social Regulation Part III: Beyond Legal Positivism: Norms, Rights and Constitutions 10 Making Law Together? On Some Intersystemic Conditions of Judicial Cooperation 11Rights in Niklas Luhmann’s Systems Theory 12 Jurisprudence and Intersystemic (Mis)communication 13 Structural Coupling between the Systems of Law and the Media 14 Constituting Constitutions beyond the State 15 Legal Pluralism as a Form of Structural Coupling Index