Complexity Theory and Law
eBook - ePub

Complexity Theory and Law

Mapping an Emergent Jurisprudence

  1. 288 pages
  2. English
  3. ePUB (mobile friendly)
  4. Available on iOS & Android
eBook - ePub

Complexity Theory and Law

Mapping an Emergent Jurisprudence

About this book

This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.

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Yes, you can access Complexity Theory and Law by Jamie Murray, Thomas Webb, Steven Wheatley, Jamie Murray,Thomas Webb,Steven Wheatley in PDF and/or ePUB format, as well as other popular books in Law & Jurisprudence. We have over one million books available in our catalogue for you to explore.

Information

Publisher
Routledge
Year
2018
Print ISBN
9780367895259
eBook ISBN
9781351658171
Edition
1
Topic
Law
Index
Law

Index

Note: Page numbers in italic indicate a figure and page numbers in bold indicate a table on the corresponding page.
A- and B-series conceptions of time 102
Abbott, Andrew 263
accountability: lack in financial system 155; non-state armed groups 129130, 135136, 141, 143145
Achilles and the tortoise, Zeno’s paradox of 100101
adaptation via learning or evolution 23, 27
adaptive capacity 196, 199, 203205
adaptive management 191, 199201, 203, 205
administrative justice processes 14
Agamben, Giorgio 241
agency: definition of 252; legal 253; moral 253; normative legal ethics and 251254; occupational role and 252; operational 266; professional norms and 262264; as rule-constrained 267; situatedness of 253254, 266, 270; social structure and 256; system and 256257
agents and agent sets 3132
aggregated beliefs 125126
Ago, Roberto 143
a-legality 242243
Alvarez, Alejandro 98
Anzilotti, Dionisio 101
aporia 246
applied graph theory 33
arche-writing 238
Aristotle 101
Arthur, Brian 28
Articles on the Responsibility of States for Internationally Wrongful Acts 131, 142
Asian debt crisis 162163
assisted self-organisation 17, 191, 201202, 203, 205
asylum and complexity 6685
asylum application procedures 1415
auto-interpretation 97
autonomy: bottom-up nature of 227; nonlinear nature of 213, 228; semi-autonomy 217, 228; social centres and 217, 226, 229; socio-spatial strategy 227, 228, 229
autonomy-as-placement 213, 216, 226, 228229
autonomy-as-practice 213, 216, 226228, 229
autopoiesis 67, 18; functional differentiation in 68; identity and 7, 68, 73; international criminal law system 144; justice and 245; operational closure 236; systems theory and 219; utility of 68; vulnerability and 67, 72, 79
Axelrod, Robert 256
bad apples theory of professional misconduct 253, 261
banking 17; complex regulatory spaces for 170186; confidence 179180; liquidity and 177179; risk and 171...

Table of contents

  1. Cover
  2. Title
  3. Copyright
  4. Contents
  5. Contributors
  6. Section I Law’s complexity
  7. Section II Complexity and the state: public law and policy
  8. Section III Complexity beyond the state: human rights and international law
  9. Section IV Complexity and business and finance regulation
  10. Section V Complexity and the ethics of law and legal practice
  11. Index