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Substantive and Reflexive Elements in Modern Law
The most comprehensive efforts to develop a new evolutionary approach to law are found in the work of Nonet and Selznick in the United States and Habermas and Luhmann in Germany. While theseExpand
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Law as an autopoietic system
"And God laughed" the new self-referentiality law - a hypercycle blind legal evolution social regulation through reflexive law intersytemic law of conflict unitas multiplex - corporate governance asExpand
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Rights of Non-Humans? Electronic Agents and Animals as New Actors in Politics and Law
Personification of non-humans is best understood as a strategy of dealing with the uncertainty about the identity of the other, which moves the attribution scheme from causation to double contingencyExpand
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Legal Irritants: Good Faith in British Law or How Unifying Law Ends Up in New Differences
Legal irritant explains the transfer of legal rules from one country to another better than legal transplant. When a foreign rule is imposed on a domestic culture, it is not transplanted into anotherExpand
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Global law without a state
Part 1 A self-validating legal discourse: global bukowina, legal pluralism in the world society. Part 2 Areas of global law without a state: lex mercatoria, a self-applying system beyond nationalExpand
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Regime-Collisions: The Vain Search for Legal Unity in the Fragmentation of Global Law
Global legal pluralism is not simply a result of political pluralism, but is instead the expression of deep contradictions between colliding sectors of a global society. At core, the fragmentation ofExpand
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How the Law Thinks: Toward a Constructivist Epistemology of Law
I. JabberwockyII. Discourse and AutopoiesisIII. Jurgen Habermas: Intersubjectivity and ConsensusIV. Michel Foucault: Discourse and EpistemeV. Niklas Luhmann: Constructivism and AutopoiesisVI. Law -Expand
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Global Bukowina: Legal Pluralism in the World-Society
There are a number of inchoate forms of global law, none of which are the creations of states. In relation to them I wish to develop three arguments:1. Global law can only be adequately explained byExpand
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Law as Medium and Law as Institution
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