Alienating Justice: On the Surplus Value of the Twelfth Camel
Type de matériel :
TexteLangue : français Détails de publication : 2001.
Ressources en ligne : Abrégé : Taking Luhmann’s essay as a starting point, the author deals with some major consequences of legal autopoiesis, but shifts the focus from law’s internal self-reference to the external relations of law to society. He uses Spencer Brown’s “re-entry” to analyse the problematic relation between the legal and the extra-legal, showing a multiple alienation of law from its social origins. He redefines four topics of legal social theory: the role of legal argument in litigation, the co-evolution of law and social production regimes, the potential of the social sciences in legal reality constructs, and the reconstruction of the collective actor.
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Taking Luhmann’s essay as a starting point, the author deals with some major consequences of legal autopoiesis, but shifts the focus from law’s internal self-reference to the external relations of law to society. He uses Spencer Brown’s “re-entry” to analyse the problematic relation between the legal and the extra-legal, showing a multiple alienation of law from its social origins. He redefines four topics of legal social theory: the role of legal argument in litigation, the co-evolution of law and social production regimes, the potential of the social sciences in legal reality constructs, and the reconstruction of the collective actor.
Réseaux sociaux