Observing Law Through Systems TheoryPDF电子书下载

1 Is the Legal System a System? 1

2 Why Do Judges Talk the Way they Do? 26

Social Systems, Psychic Systems and Redundancy 28

Judicial Communications and ‘Commitment’ to the Legal System 34

Judicial Discretion 46

Conclusion 55

3 Can One Have a Right to Disobey a Law? 58

Civil Disobedience within the Legal System 61

Civil Disobedience within the Political System 70

Social Movements and Civil Disobedience 79

Civil Disobedience within the Legal and Political Systems -A Case Study （Debbie Purdy’s Case） 82

Conclusion 86

4 Understanding Legal Pluralism 88

Brian Tamanaha’s Criticisms of Systems Theory 91

How Does One Identify a Subsystem Code? 99

Law and Violence 102

Normative Pluralism 105

Pluralism and Translation 115

Exploring Legal Pluralism in Modern and Pre-modern Societies 119

Conclusion 128

5 How Law Constructs Time 131

Time, Law and Politics 138

A Simple Example: The Presumption of Innocence 145

A Complex Example 147

6 Politics and Law: The Rule of Law, Constitutional Law, and Human Rights 164

The Rule of Law 165

Constitutional Law 184

Constitutional and Human Rights, and Societal Constitutionalism 195

7 Control through Law 207

Steering through Constituting Rules 210

Observing Reflexive Law 216

Structural Coupling Dynamics 224

8 Appeals in Law 229

Appeals and Doctrine 230

The Structural Coupling between Law and the Media through Conviction 237

Implications of Criminal Appeals for the Structural Coupling between Law and the Media 241

The Pressures Generated by the Differences between the Media and the Legal System’s Understanding of Appeal 245

Postscript: A Comment on Human Involvement 250

Bibliography 255

Index 269