Luhmann on Law And Politics: Critical Appraisals And by Michael King, Chris Thornhill

By Michael King, Chris Thornhill

Probably greater than the other social theorist in contemporary heritage, Niklas Luhmann's paintings has aroused severe, and infrequently adversarial, responses. It has generated controversies approximately its political implications, its resolute anti-humanism, and its bold critique of extra proven definitions of society, social idea, and sociology. Now, despite the fact that, a progressively becoming variety of students operating in lots of diverse disciplines have started to take advantage of facets of Luhmann's sociology as an immense methodological stimulus and as a theoretical framework for reorientating their reports. This choice of essays comprises severe and reconstructive contributions via a few exceptional social theorists, political theorists, criminal students, and empirical sociologists. jointly, they supply proof of Luhmann's wide and various relevance to the problems dealing with modern society, and, even as, they improve our realizing of the demanding situations posed via his theoretical paradigm to extra conventional conceptions of social thought.

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Extra info for Luhmann on Law And Politics: Critical Appraisals And Applications (Onati International Series in Law and Society)

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Whether this concept nevertheless remains compatible with Luhmann’s theory is the question. 77 In contrast to the previous arrangement—the 1988 Basel Capital Accord, which prescribed a simple uniform standard— the new framework allows banks to choose from three different approaches to the calculation of minimum capital. These range from the Standardised Approach (which envisages an institution using external measures of credit risk in the calculation of regulatory capital), through the Foundation Internal Ratings-Based Approach (which allows a bank to use its own measures of 73 G Teubner, Law as an Autopoietic System, above n 9 at 82.

In case there is any concern that here the 87 See N Luhmann, ‘Limits of Steering’ above n 18; and J Paterson, ‘An Introduction to Luhmann’ (1997) 14 Theory, Culture and Society 37. 88 N Luhmann, ‘Limits of Steering’, above n 18 at 54. 89 An example of such an approach might be the requirement by regulators in the context of complex, high technology industries, that the regulated utilise quantified risk assessment as a key component of their Safety Case for the operation of a given site or installation.

The challenge to the normative function of law does not thereby disappear however. Nor is it only the option policy that faces problems in this regard. It looks as if it may also confront binding institutions where organisational processes can become sources of law. And even the less ‘interventionist’ approaches to reflexive law are not immune. Synchronising difference reduction, reciprocal observation and even tangential response may also offend here insofar as they still envisage law being utilised to achieve purposive programmes, albeit that these are always qualified as indirect.

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