Complexity Theory and Law

Mapping an Emergent Jurisprudence

Author: Jamie Murray,Thomas Webb,Steven Wheatley

Publisher: Routledge

ISBN: 1351658174

Category: Law

Page: 288

View: 1773

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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.

AI Approaches to the Complexity of Legal Systems - Models and Ethical Challenges for Legal Systems, Legal Language and Legal Ontologies, Argumentation and Software Agents

International Workshop AICOL-III, Held as Part of the 25th IVR Congress, Frankfurt am Main, Germany, August 15-16, 2011. Revised Selected Papers

Author: Monica Palmirani,Ugo Pagallo,Pompeu Casanovas,Giovanni Sartor

Publisher: Springer

ISBN: 3642357318

Category: Computers

Page: 309

View: 997

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The inspiring idea of this workshop series, Artificial Intelligence Approaches to the Complexity of Legal Systems (AICOL), is to develop models of legal knowledge concerning organization, structure, and content in order to promote mutual understanding and communication between different systems and cultures. Complexity and complex systems describe recent developments in AI and law, legal theory, argumentation, the Semantic Web, and multi-agent systems. Multisystem and multilingual ontologies provide an important opportunity to integrate different trends of research in AI and law, including comparative legal studies. Complexity theory, graph theory, game theory, and any other contributions from the mathematical disciplines can help both to formalize the dynamics of legal systems and to capture relations among norms. Cognitive science can help the modeling of legal ontology by taking into account not only the formal features of law but also social behaviour, psychology, and cultural factors. This book is thus meant to support scholars in different areas of science in sharing knowledge and methodological approaches. This volume collects the contributions to the workshop's third edition, which took place as part of the 25th IVR congress of Philosophy of Law and Social Philosophy, held in Frankfurt, Germany, in August 2011. This volume comprises six main parts devoted to the each of the six topics addressed in the workshop, namely: models for the legal system ethics and the regulation of ICT, legal knowledge management, legal information for open access, software agent systems in the legal domain, as well as legal language and legal ontology.

Complexity Theory and Network Centric Warfare

Author: James Moffat

Publisher: DIANE Publishing

ISBN: 1437915272

Category:

Page: 160

View: 9868

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A report by the Dept. of Defense¿s Command and Control Research Program. Contents: (1) Complexity in Natural and Economic Systems; (2) Concepts for Warfare from Complexity Theory; (3) Evidence for Complex Emergent Behavior in Historical Data; (4) Mathematical Modeling of Complexity, Knowledge, and Conflict; (5) An Extended Example of the Dynamics of Local Collaboration and Clustering, and Some Final Thoughts. Appendix: Optimal Control with a Unique Control Solution. Tables and figures.

Complexity Theory and the Social Sciences

An Introduction

Author: David Byrne

Publisher: Routledge

ISBN: 1134714734

Category: Social Science

Page: 224

View: 2463

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Chaos and complexity are the new buzz words in both science and contemporary society. The ideas they represent have enormous implications for the way we understand and engage with the world. Complexity Theory and the Social Sciences introduces students to the central ideas which surround the chaos/complexity theories. It discusses key concepts before using them as a way of investigating the nature of social research. By applying them to such familiar topics as urban studies, education and health, David Byrne allows readers new to the subject to appreciate the contribution which complexity theory can make to social research and to illuminating the crucial social issues of our day.

Private Law and the Rule of Law

Author: Lisa M Austin,Dennis Klimchuk

Publisher: OUP Oxford

ISBN: 0191045578

Category: Law

Page: 375

View: 5548

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The rule of law is widely perceived to be a public law doctrine, concerned with the way in which governmental authority conforms to the dictates of law. The goal of this book is to challenge this presumption. The chapters in this volume all consider the idea that the rule of law concerns the nature of law generally and the conditions under which any relationship - that among citizens as well as that between citizens and the state - becomes subject to law. Addressing two major questions, they ask if our understanding of the rule of law is enriched by considering how and to what degree it is expressed or realized in private law, and whether our understanding of the private law is enriched by adding the principles of the rule of law to the traditional list of core private law concepts. Bringing together leading philosophers of private and public law, this volume examines key questions in a little-explored field, and will be essential reading for all those interested in the rule of law and in private law theory.

Deleuze & Guattari

Emergent Law

Author: Jamie Murray

Publisher: Routledge

ISBN: 1136659226

Category: Law

Page: 192

View: 7084

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Deleuze & Guattari: Emergent Law is an exposition and development of Deleuze & Guattari's legal theory. Although there has been considerable interest in Deleuze & Guattari in critical legal studies, as well as considerable interest in legality in Deleuze & Guattari studies, this is the first book to focus exclusively on Deleuze & Guattari and law. Situating Deleuze & Guattari's engagement with social organisation and legality in the context of their theory of 'abstract machines' and 'intensive assemblages', Jamie Murray presents their theory of law as that of a two-fold conception of, first, a transcendent molar law and, second, an immanent molecular emergent law. Transcendent molar legality is the traditional object of legal theory. And, as explicated here, immanent molecular emergent law is the novel juridical object that Deleuze & Guattari identify. Developing this conception, Deleuze & Guattari: Emergent Law draws out its implications for current and for future legal theory; arguing that it provides the basis for a new jurisprudence capable of creating new concepts of legality.

Complex Copyright

Mapping the Information Ecosystem

Author: Professor Deborah Tussey

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409497844

Category: Law

Page: 156

View: 1247

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This book draws on a wide selection of interdisciplinary literature discussing complex adaptive systems - including scholarship from economics, political science, evolutionary biology, cognitive science, and religion - to apply general complexity tenets to the institutions, conceptual framework, and theoretical justifications of the copyright system, both in the United States and internationally. The author argues that copyrighted works are the products of complex creative systems and, consequently, designers of copyright regimes for the global 'information ecosystem' should look to complexity theory for guidance. Urging legal scholars to undertake empirical studies of real-world copyright systems, Tussey reveals how the selection of workable configurations for the copyright regime is larger than that encompassed by the traditional, entirely theoretical, debate between private property rights and the commons. Finally, this unique study articulates how copyright law must tolerate certain chaotic elements that may be essential to the sustainability of complex systems.

Corporate Governance and Complexity Theory

Author: Marc Goergen,Christine Mallin,Eve Mitleton-Kelly,Ahmed Al-Hawamdeh,Iris Hse-Yu Chiu

Publisher: Edward Elgar Publishing

ISBN: 1849808007

Category: Business & Economics

Page: 141

View: 8718

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This book is a major advancement in the area of complexity and corporate governance. By bringing together a range of leading experts in the fields of complexity and corporate governance, this book manages to knowledgeably wed the emerging field of complex systems thinking with the more established area of corporate governance. It brings a range of new and exciting concepts, such as emergence, co-evolution and selforganisation, and integrates them into an overarching and holistic understanding of corporate governance that is a clear benefit to corporate actors and stakeholders. The book is a major resource for both academic and practitioner audiences.

Gödel, Putnam, and Functionalism

Author: Jeff Buechner

Publisher: MIT Press

ISBN: 0262261979

Category: Philosophy

Page: 344

View: 4671

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With mind-brain identity theories no longer dominant in philosophy of mind in the late 1950s, scientific materialists turned to functionalism, the view that the identity of any mental state depends on its function in the cognitive system of which it is a part. The philosopher Hilary Putnam was one of the primary architects of functionalism and was the first to propose computational functionalism, which views the human mind as a computer or an information processor. But, in the early 1970s, Putnam began to have doubts about functionalism, and in his masterwork Representation and Reality (MIT Press, 1988), he advanced four powerful arguments against his own doctrine of computational functionalism. In Gödel, Putnam, and Functionalism, Jeff Buechner systematically examines Putnam's arguments against functionalism and contends that they are unsuccessful. Putnam's first argument uses Gödel's incompleteness theorem to refute the view that there is a computational description of human reasoning and rationality; his second, the "triviality argument," demonstrates that any computational description can be attributed to any physical system; his third, the multirealization argument, shows that there are infinitely many computational realizations of an arbitrary intentional state; his fourth argument buttresses this assertion by showing that there cannot be local computational reductions because there is no computable partitioning of the infinity of computational realizations of an arbitrary intentional state into a single package or small set of packages (equivalence classes). Buechner analyzes these arguments and the important inferential connections among them -- for example, the use of both the Gödel and triviality arguments in the argument against local computational reductions -- and argues that none of Putnam's four arguments succeeds in refuting functionalism. Gödel, Putnam, and Functionalism will inspire renewed discussion of Putnam's influential book and will confirm Representation and Reality as a major work by a major philosopher.

Law and Politics

A Dilemma for Contemporary Legal Theory

Author: Mauro Zamboni

Publisher: Springer Science & Business Media

ISBN: 3540739262

Category: Law

Page: 166

View: 4351

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This book reconstructs and classifies, according to ideal-typical models, the different positions taken by the major contemporary legal theories as to whether and how law relates to politics. It presents a possible explanation as to why different legal theories, though often reaching diametric results, somehow must still begin from common basic points.

The SAGE Handbook of Complexity and Management

Author: Peter Allen,Steve Maguire,Bill McKelvey

Publisher: SAGE

ISBN: 1446209741

Category: Business & Economics

Page: 672

View: 2901

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The SAGE Handbook of Complexity and Management is the first substantive scholarly work to provide a map of the state of art research in the growing field emerging at the intersection of complexity science and management studies. Edited and written by internationally respected scholars from management and related disciplines, the Handbook will be the definitive reference source for understanding the implications of complexity science for management research and practice. Part One: Foundations introduces complexity science and its implications for the foundations of scientific knowledge, including management knowledge. Part Two: Applications presents the numerous ways in which complexity science models and tools, as well as complexity thinking, are being applied to management and organizational phenomena and the insights gained as a result. Part Three: Interfaces highlights how complexity science is transforming various non-management fields and, in so doing, creating exciting interfaces for bridging between management and related disciplines.

Research Handbook on the Theory and History of International Law

Author: Alexander Orakhelashvili

Publisher: Edward Elgar Publishing

ISBN: 0857933086

Category: Law

Page: 560

View: 8402

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This pioneering Research Handbook with contributions from renowned experts, provides a comprehensive scholarly framework for analyzing the theory and history of international law. Given the multiplication of theoretical approaches over the last three decades, and attendant fragmentation of scholarly efforts, this edited collection presents a useful doctrinal platform that will help academics and students to see the theory and history of international law in its entirety, and to understand how interdependent various aspects of the theory and history of international law really are. Being the first comprehensive analysis of theory and history of international law, this unique book will be of great benefit to academics and students of international politics, ethics and philosophy.

Lawyer

A Brief 5,000-year History

Author: R. Blain Andrus

Publisher: American Bar Association

ISBN: 9781604425987

Category: Law

Page: 465

View: 323

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This hysterical, scholarly look at the history of lawyers is a roller coaster ride through history, viewed from a lawyer's perspective. This book will provide you with a good sense of the primal ooze that gave rise to the first lawyer and the religious, cultural, philosophical, economic, and political forces that have preserved lawyers from extinction—at least so far.

Models of Science Dynamics

Encounters Between Complexity Theory and Information Sciences

Author: Andrea Scharnhorst,Katy Börner,Peter van den Besselaar

Publisher: Springer Science & Business Media

ISBN: 3642230687

Category: Social Science

Page: 270

View: 7555

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Models of Science Dynamics aims to capture the structure and evolution of science, the emerging arena in which scholars, science and the communication of science become themselves the basic objects of research. In order to capture the essence of phenomena as diverse as the structure of co-authorship networks or the evolution of citation diffusion patterns, such models can be represented by conceptual models based on historical and ethnographic observations, mathematical descriptions of measurable phenomena, or computational algorithms. Despite its evident importance, the mathematical modeling of science still lacks a unifying framework and a comprehensive study of the topic. This volume fills this gap, reviewing and describing major threads in the mathematical modeling of science dynamics for a wider academic and professional audience. The model classes presented cover stochastic and statistical models, system-dynamics approaches, agent-based simulations, population-dynamics models, and complex-network models. The book comprises an introduction and a foundational chapter that defines and operationalizes terminology used in the study of science, as well as a review chapter that discusses the history of mathematical approaches to modeling science from an algorithmic-historiography perspective. It concludes with a survey of remaining challenges for future science models and their relevance for science and science policy.

Theory and Method in Socio-Legal Research

Author: Reza Banakar,Max Travers

Publisher: Bloomsbury Publishing

ISBN: 1847316913

Category: Law

Page: 392

View: 1589

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Socio-legal researchers increasingly recognise the need to employ a wide variety of methods in studying law and legal phenomena, and the need to be informed by an understanding of debates about theory and method in mainstream social science. The papers in this volume illustrate how a range of topics, including EU law, ombudsmen, judges, lawyers, Shariah Councils and the quality assurance industry can be researched from a socio-legal perspective. The objective of the collection is to show how different methods can be used in researching law and legal phenomena, how methodological issues and debates in sociology are relevant to the study of law, and the importance of the debate between "structural" and "action" traditions in researching law. It also approaches the methodological problem of how sociology of law can address the content of legal practice from a variety of perspectives and discusses the relationship between pure and applied research. The editors provide a critical introduction to each of the six sections, and a general introduction on law, sociology and method. The collection will provide an invaluable resource for socio-legal researchers, law school researchers and postgraduates.

Complexity Theory and the Philosophy of Education

Author: Mark Mason

Publisher: John Wiley & Sons

ISBN: 1444307363

Category: Education

Page: 256

View: 4905

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A collection of scholarly essays, Complexity Theory and thePhilosophy of Education provides an accessible theoreticalintroduction to the topic of complexity theory while consideringits broader implications for educational change. Explains the contributions of complexity theory to philosophyof education, curriculum, and educational research Brings together new research by an international team ofcontributors Debates issues ranging from the culture of curriculum, to theimplications of work of key philosophers such as Foucault and JohnDewey for educational change Demonstrates how social scientists and social and educationpolicy makers are drawing on complexity theory to answer questionssuch as: why is it that education decision-makers are so resistantto change; how does change in education happen; and what does ittake to make these changes sustainable? Considers changes in use of complexity theory; developedprincipally in the fields of physics, biology, chemistry, andeconomics, and now being applied more broadly to the socialsciences and to the study of education

Networks, Complexity and Internet Regulation

Scale-free Law

Author: Andrés Guadamuz

Publisher: Edward Elgar Pub

ISBN: 9781848443105

Category: Law

Page: 254

View: 5571

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Complexity theory as a subject has gained increasing prominence across numerous disciplines including physics, biology, sociology and economics. Large interconnected systems such as the Internet display a number of inherent architectural characteristics deeming them well-suited to the study of complex dynamic networks. This important book uses various network science-based tools to explore the contentious issue of Internet regulation.

Law, Institution and Legal Politics

Fundamental Problems of Legal Theory and Social Philosophy

Author: Ota Weinberger

Publisher: Springer Science & Business Media

ISBN: 9401134588

Category: Philosophy

Page: 276

View: 2677

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It gives me great pleasure to offer this foreword to the present work of my admired friend and respected colleague Ota Weinberger. Apart from the essays of his which were published in our joint work An Institutional Theory of Law: New Approaches to Legal Positivism in 1986, relatively little of Wein berger's work is available in English. This is the more to be regretted, since his is work of particular interest to jurists of the English-speaking world both in view of its origins and in respect of its content As to its origins, Weinberger war reared as a student of the Pure Theory of Law, a theory which in its Kelsenian form has aroused very great interest and has had considerable influence among anglophoone scholars -perhaps even more than in the Germanic countries. Less well known is the fact that the Pure Theory itself divided into two schools, that of Vienna and that of Brno. It was in the Brno school of Frantisek Weyr that Weinberger's legal theory found its early formation, and perhaps from that early influence one can trace his continuing insistence on the dual character of legal norms -both as genuinely normative and yet at the same time having real social existence.

Complexities

Social Studies of Knowledge Practices

Author: John Law

Publisher: Duke University Press

ISBN: 0822383551

Category: Philosophy

Page: 302

View: 6277

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Although much recent social science and humanities work has been a revolt against simplification, this volume explores the contrast between simplicity and complexity to reveal that this dichotomy, itself, is too simplistic. John Law and Annemarie Mol have gathered a distinguished panel of contributors to offer—particularly within the field of science studies—approaches to a theory of complexity, and at the same time a theoretical introduction to the topic. Indeed, they examine not only ways of relating to complexity but complexity in practice. Individual essays study complexity from a variety of perspectives, addressing market behavior, medical interventions, aeronautical design, the governing of supranational states, ecology, roadbuilding, meteorology, the science of complexity itself, and the psychology of childhood trauma. Other topics include complex wholes (holism) in the sciences, moral complexity in seemingly amoral endeavors, and issues relating to the protection of African elephants. With a focus on such concepts as multiplicity, partial connections, and ebbs and flows, the collection includes narratives from Kenya, Great Britain, Papua New Guinea, the Netherlands, France, and the meetings of the European Commission, written by anthropologists, economists, philosophers, psychologists, sociologists, and scholars of science, technology, and society. Contributors. Andrew Barry, Steven D. Brown, Michel Callon, Chunglin Kwa, John Law, Nick Lee, Annemarie Mol, Marilyn Strathern, Laurent Thévenot, Charis Thompson