Rule Systems Theory

Rule Systems Theory

Explaining the complexity of social life remains the central challenge of the social sciences. This book offers a variety of theoretical-empirical explorations and applications inspired by an important neo-institutional approach to tackling this complexity - the rule systems theory. Its point of departure is the assumption that institutions and cultural formations possess causal powers and relative autonomy, constraining and enabling people's social actions and interactions. Structural and cultural properties of society are carried by, transmitted, and reformed by human agents whose interactions generate, reproduce, elaborate and transform structures. The contributors are highly accomplished economists, sociologists and political scientists who come from the US and several European countries. The book is meant as a Festschrift for Tom Burns, a central figure in the development of the rule systems theory.

Rule Systems Theory

Observing Law through Systems Theory

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.