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Luhmann's System Of Legal Commentary

Posted on:2009-05-23Degree:MasterType:Thesis
Country:ChinaCandidate:G M SongFull Text:PDF
GTID:2206360242997424Subject:Legal theory
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Nicholas ? Luhmann (Niklas ? Luhmann 1927-1998) is well-known contemporary sociologists, he inherited his predecessors and contemporaries through absorbing the latest achievements in natural science research and created his own social system theory. In Luhmann's opinion, the development and dividing of the legal system is the model of the contemporary society system in self-produced and autopoietic. This paper aims to introduce Luhmann's thinking. on legal as faithfully as possible.In this paper, a total of six parts:The Introduction simply outlines Luhmann's theory of social system and perspective of system-jurisprudence and pointed out the significance of this writing, This part plays a leading role in the text.The first part of the main part of article: The general of Luhmann's theory of social system . This part gives an outline on the development of the theory of system and Luhmann's early thinking and detailed the summary of the contents of Luhmann's general theory of the social system.The second part of the main part: self-operation of the legal system. This part gived the basic views of Luhmann's thinking on the law, described the law how to achieve opening to environment based on self-operationThe third part of the main part: justice - the legal formula of the contingency. This section described how Luhmann was different from the legal positivism theory to find a location in the law, and also different from the theory of natural justice which made justice as the external legal standards and made justic as the legal formula of the contingency.The fourth part of the main parts: the evolution of the law. This part talked about how Luhmann described the evolution of the history of the law.Closing remarks made a comparison between Luhmann with Parsons ,kelsen, Hart, pointed out Luhmann's reference and development on the thinkers. This part also made a comments on Luhmann's thinking and pointed its theoretical and practical significance.
Keywords/Search Tags:Luhmann, system, self-operation, the formula of the contingency, evolution
PDF Full Text Request
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