Rule Systems Theory

However, unlike conventional legal theory, this volume seeks to provide an answer in terms of a general social theory: a methodology that answers this question in a manner applicable not only to law, but also to all the other complex and highly differentiated systems within modern society, such as politics, the economy, religion, the media, and education. This truly sociological approach offers profound insights into the relationships between law and all of these other social systems.

The concept of CAST, computer aided systems Theory, was introduced by F. Pichler of Linz in the late 1980s to include those computer theoretical and practical developments used as tools to solve problems in system science. It was considered as the third component (the other two being CAD and CAM) that would provide for a complete picture of the path from computer and systems sciences to practical developments in science and engineering. The University of Linz organized the first CAST workshop in April 1988, which demonstrated the acceptance of the concepts by the scientific and technical community. Next, the University of Las Palmas de Gran Canaria joined the University of Linz to organize the first international meeting on CAST (Las Palmas February 1989), under the name EUROCAST 1989, a very successful gathering of systems theorists, computer scientists and engineers from most European countries, North America and Japan. It was agreed that EUROCAST international conferences would be organized every two years. Thus, the following EUROCAST meetings took place in Krems (1991), Las Palmas (1993), Innsbruck (1995), Las Palmas (1997), Vienna (1999), Las Palmas (2001) and Las Palmas (2003) in addition to an extra-European CAST conference in Ottawa in 1994. Selected papers from those meetings were published as Springer Lecture Notes in Computer Science vols. 410, 585, 763, 1030, 1333, 1728, 2178 and 2809 and in several special issues of Cybernetics and Systems: an lnternational Journal.

This book uses Niklas Luhmann's systems theory to explore how the legal system operates as one of modern society's subsystems. The authors demonstrate how this theory alters our understanding of some of the most important and controversial issues within law: the nature of judicial communication and legal argument; the claim that it can be right to disobey law; the character of legal pluralism and globalisation; time and its construction within law; the significance of the rule of law and human rights and the role of appeals to, and within, law. Systems theory enables the authors to demonstrate how the legal system observes its own operations through its own communications, and how this contrasts with the manner in which law is observed by other systems such as the media and politics. In this context the authors explore the constraints imposed by systems, in particular the legal system, upon the individuals who participate in them.

The subject “Systems sciences and cybernetics” is the outcome of the convergence of a number of trends in a larger current of thought devoted to the growing complexity of (primarily social) objects and arising in response to the need for globalized treatment of such objects. This has been magnified by the proliferation and publication of all manner of quantitative scientific data on such objects, advances in the theories on their inter-relations, the enormous computational capacity provided by IT hardware and software and the critical revisiting of subject-object interaction, not to mention the urgent need to control the efficiency of complex systems, where “efficiency” is understood to mean the ability to find a solution to many social problems, including those posed on a planetary scale. The result has been the forging of a new, academically consolidated scientific trend going by the name of Systems Theory and Cybernetics, with a comprehensive, multi-disciplinary focus and therefore apt for understanding realities still regarded to be inescapably chaotic. This subject entry is subdivided into four sections. The first, an introduction to systemic theories, addresses the historic development of the most commonly used systemic approaches, from new concepts such as the so-called “geometry of thinking” or the systemic treatment of “non-systemic identities” to the taxonomic, entropic, axiological and ethical problems deriving from a general “systemic-cybernetic” conceit. Hence, the focus in this section is on the historic and philosophical aspects of the subject. Moreover, it may be asserted today that, beyond a shadow of a doubt, problems, in particular problems deriving from human interaction but in general any problem regardless of its nature, must be posed from a systemic perspective, for otherwise the obstacles to their solution are insurmountable. Reaching such a perspective requires taking at least the following well-known steps: a) statement of the problem from the determinant variables or phenomena; b) adoption of theoretical models showing the interrelationships among such variables; c) use of the maximum amount of – wherever possible quantitative – information available on each; d) placement of the set of variables in an environment that inevitably pre-determines the problem. That epistemology would explain the substantial development of the systemic-cybernetic approach in recent decades. The articles in the second section deal in particular with the different methodological approaches developed when confronting real problems, from issues that affect humanity as a whole to minor but specific questions arising in human organizations. Certain sub-themes are discussed by the various authors – always from a didactic vantage –, including: problem discovery and diagnosis and development of the respective critical theory; the design of ad hoc strategies and methodologies; the implementation of both qualitative (soft system methodologies) and formal and quantitative (such as the “General System Problem Solver” or the “axiological-operational” perspective) approaches; cross-disciplinary integration; and suitable methods for broaching psychological, cultural and socio-political dynamisms. The third section is devoted to cybernetics in the present dual meaning of the term: on the one hand, control of the effectiveness of communication and actions, and on the other, the processes of self-production of knowledge through reflection and the relationship between the observing subject and the observed object when the latter is also observer and the former observed. Known as “second order cybernetics”, this provides an avenue for rethinking the validity of knowledge, such as for instance when viewed through what is known as “bipolar feedback”: processes through which interactions create novelty, complexity and diversity. Finally, the fourth section centres around artificial and computational intelligence, addressing sub-themes such as “neural networks”, the “simulated annealing” that ranges from statistical thermodynamics to combinatory problem-solving, such as in the explanation of the role of adaptive systems, or when discussing the relationship between biological and computational intelligence.

The worlds of law and religion increasingly collide in Parliament and the courtroom. Religious courts, the wearing of religious symbols and faith schools have given rise to increased legislation and litigation. This is the first student textbook to set out the fundamental principles and issues of law and religion in England and Wales. Offering a succinct exposition and critical analysis of the field, it explores how English law regulates the practice of religion. The textbook surveys law and religion from various perspectives, such as human rights and discrimination law, as well as considering the legal status of both religion and religious groups. Controversial and provocative questions are explored, promoting full engagement with the key debates. The book's explanatory approach and detailed references ensure understanding and encourage independent study. Students can track key developments on the book's updating website. This innovative text is essential reading for all students in the field.

Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

The Encyclopedia of Social Theory contains over 500 entries varying from concise definitions of key terms and short biographies of key theorists to comprehensive surveys of leading concepts, debates, themes and schools. The object of the Encyclopedia has been to give thorough coverage of the central topics in theoretical sociology as well as terms and concepts in the methodology and philosophy of social science. Although 106 theorists are given entries, the emphasis of the work is on the elucidation of ideas rather than intellectual biography. The Encyclopedia covers the leading contemporary domains of debate on social theory and the classical legacies of social thinkers from the nineteenth and early twentieth centuries, giving proper balance to both the European and North American traditions and to important new developments in the global self-understanding of sociology. Social theory has become one of the most vigorous specialisms of sociology in recent years. This is in part due to the considerable overlaps of social theory with other disciplinary areas, such as cultural and media studies, anthropology, and political theory, and to the cross-disciplinary nature of theoretical approaches such as feminism and psychoanalysis, and new fields such as postcolonial studies. The editors have therefore worked to produce in the Encyclopedia of Social Theory a first-call reference for students and researchers across the social sciences and humanities with an interest in contemporary theory and the modern history of ideas. The Encyclopedia has been authored by leading international specialists in the field under the direction of a well-balanced editorial team. It is comprehensively cross-referenced and all larger entries carry bibliographies. There is a full index.

International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.