A Sociology of Jurisprudence
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Sociology of Jurisprudence by Richard Nobles
Book DescriptionNiklas Luhmann's sociological theory treats law, along with politics, economics, media and ethics, as systems of communication. His theory not only offers profound and novel insights into the character of the legal system in modern society, but also provides an explanation for the role of jurisprudence as part of that legal system. In this work the authors seek to explore and develop Luhmann's claim that jurisprudence is part of law's self-description; a part of the legal system which, as a particular kind of legal communication, orientates legal operations by explaining law to itself. This approach has the potential to illuminate many of the interminable debates amongst and between different schools of jurisprudence on topics such as the origin and/or source of law, the nature of law's determinacy or indeterminacy, and the role of justice. The authors' introduction to Luhmann's systems theory concentrates on the concept of closure and the distinct disposition of law's openness to its environment. From this beginning, the book goes on to offer a sustained and methodical application of systems theory to some of the traditional forms of jurisprudence: natural law and its relationship with legal positivism, Dworkin's version of natural law, Kelsen's version of legal positivism, and Critical Legal Studies. This application of systems theory alters our perception of jurisprudence and better enables us to understand its role within law.
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Book DetailsISBN: 9781841135984
(195mm x 129mm x 13mm)
Imprint: Hart Publishing
Publisher: Bloomsbury Publishing PLC
Publish Date: 10-Feb-2006
Country of Publication: United Kingdom
Books By Author Richard Nobles
Observing Law Through Systems Theory, Paperback (December 2012)
This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems.
Law as a Social System, Hardback (March 2004)
In this volume, Niklas Luhmann, an exponent of systems theory, explores its implications for our understanding of law. The volume provides an application to law of a theory that offers insights into the relationships between law and other aspects of contemporary society, including politics, the economy, the media, education, and religion.
Understanding Miscarriages of Justice, Hardback (March 2000)» View all books by Richard Nobles
When justice is contested and uncertain, how can miscarriage of justice be spoken of meaningfully? This book addresses this question, and finds an answer to it in the relationship between the legal construction of criminal justice, most notably that of trials and appeals, and the reporting of these in the media.
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Author Biography - Richard Nobles
Richard Nobles and David Schiff are Readers in Law at the London School of Economics and Political Science.
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