This Research Handbook presents a comprehensive overview of the significance of systems theory for analysing law in modern society. Expert contributors examine key theoretical developments and core approaches to systems theory, illustrating the strengths of this transdisciplinary theoretical framework across research fields and areas of law.



Chapters cover a range of areas of law that this approach can be applied to, including constitutional law and constitutionalism, contract law, environmental law, social work and labour law. The Research Handbook draws on detailed case studies to investigate how this theoretical framework can be used in diverse contexts, exploring human rights, hate speech, climate change governance and corruption through this lens. It also highlights the role of systems theory across technology and business, from artificial intelligence and cryptocurrencies to illegality in organisations, the regulation of risk and investment arbitration tribunals.



This forward-looking Research Handbook will be valuable to students and scholars of systems theory and research methods in law, as well as jurisprudence more widely, as it provides an informative analysis of the latest research and thinking in this dynamic field.

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This Research Handbook presents a comprehensive overview of the significance of systems theory for analysing law in modern society. Expert contributors examine key theoretical developments and core approaches to systems theory, illustrating the strengths of this transdisciplinary theoretical framework across research fields and areas of law.
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Contents 1 Introduction to law and systems theory 1 Ralf Rogowski PART I THEORY 2 Legal autopoiesis and its limits 11 Marcelo Neves 3 Emergence and personification: How the law makes non-human entities speak 30 Gunther Teubner 4 Modern law and the military system: The missing soldier? 48 Chris Thornhill 5 Responsive sociology of law 68 Alfons Bora 6 Law and critical systems theory 79 João P. Bachur 7 Systems theory, law and complexity theory 94 Thomas E. Webb and Steven Wheatley 8 The resonance capacity of the legal system 107 Hannah Vermaßen and André Brodocz 9 Systems theory and legal aesthetics: Thou shall not differentiate! 124 Francesco Forzani and Andreas Philippopoulos-Mihalopoulos 10 Law, society: “systemic” vs “systematic”? 137 Anton Schütz PART II RESEARCH FIELDS 11 Systems theory and the regulation of knowledge 152 Karl-Heinz Ladeur 12 Law and artificial intelligence: A matter of couplings 168 Aldo Mascareño 13 Systems theory and global civil society 185 Germano Schwartz 14 Systems theory and constitutionalism 200 Alberto Febbrajo 15 Climate change governance: A systems theory analysis 214 Karin Buhmann 16 Systems theory and the regulation of corruption in developing countries 229 Chukwuemeka Castro Nwabuzor 17 Illegality in organisations and systems theory 246 Stefan Kühl 18 Systems theory and the legal regulation of risk 266 Inger Johanne Sand 19 Social work and modern social systems theory 278 Stine Piilgaard Porner Nielsen PART III AREAS OF LAW 20 Systems theory and human rights 292 Gert Verschraegen 21 Systems theory and contract law 307 Dan Wielsch 22 Environmental law and autopoietic systems theory 320 John Paterson 23 Systems theory and investment arbitration tribunals 334 Rafael Quintero Godínez 24 Reflexive regulation of cryptocurrencies 353 Immaculate Motsi-Omoijiade 25 Systems theory and the regulation of anti-discrimination 372 Kirandeep Kaur and Ralf Rogowski 26 Systems theory and hate speech 385 Nico Buitendag 27 Systems theory and procedure 398 Stefan Machura 28 Systems theory, law, and the digital media 409 Bernard Keenan Index 419
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Produktdetaljer

ISBN
9781035336487
Publisert
2026-03-24
Utgiver
Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, UP, 06, 05
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
448

Redaktør

Biografisk notat

Edited by Ralf Rogowski, Emeritus Professor of Law, University of Warwick, UK