Overview

This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory – a variant of systems theory – views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encounters unending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.

Full Product Details

Author:   Jamie Murray ,  Thomas Webb ,  Steven Wheatley
Publisher:   Taylor & Francis Ltd
Imprint:   Routledge
Weight:   0.453kg
ISBN:  

9780367895259

ISBN 10:   0367895250
Pages:   296
Publication Date:   03 December 2019
Audience:   College/higher education ,  General/trade ,  Tertiary & Higher Education ,  General
Format:   Paperback
Publisher's Status:   Active
Availability:   In Print  
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Table of Contents

"Table of Contents Contributors Section I – Law’s Complexity Jamie Murray, Thomas E. Webb and Steven Wheatley, Encountering Law’s Complexity JB Ruhl and Daniel M. Katz, Mapping Law’s Complexity with ""Legal Maps"" Section II – Complexity and the State: Public Law and Policy Neville Harris, Complexity: Knowing It, Measuring It, Assessing It Thomas E. Webb, Asylum and Complexity: The Vulnerable Identity of Law as a Complex System Section III – Complexity Beyond the State: Human Rights and International Law Steven Wheatley, Explaining Change in the United Nations System: The Curious Status of Security Council Resolution 80 (1950) Dimitrios Tsarapatsanis, The ""Consensus Approach"" of the ECtHR as a Rational Response to Complexity Anna Marie Brennan, Prospects for Prosecuting Non-State Armed Groups under International Criminal Law: Perspectives from Complexity Theory Section IV Complexity and Business and Finance Regulation Mark Chinen, Governing Complexity Michael Leach, Complex Regulatory Space and Banking Jamie Murray, Regulating for ecological resilience: A new Agenda for Financial Regulation Section V – Complexity and the Ethics of Law and Legal Practice Lucy Finchett-Maddock, Nonlinearity, Autonomy and Resistant Law Minka Woermann, Complexity and the Normativity of Law Julian Webb, Regulating the Practise of Practice: On Agency and Entropy in Legal Ethics"

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Author Information

Jamie Murray is Senior Lecturer in Law at Liverpool Hope University. Thomas E. Webb is Lecturer in Law at the University of Lancaster. Steven Wheatley is Professor of International Law at the University of Lancaster.

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