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Chitty on Contracts 34th ed: Volumes 1 & 2

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Critical Theory and Legal Autopoiesis: The Case for Societal Constitutionalism


ISBN13: 9781526107220
Published: May 2019
Publisher: Manchester University Press
Country of Publication: UK
Format: Hardback
Price: £85.00



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This volume collects and revises the key essays of Gunther Teubner, one of the world's leading sociologists of law. Written over the past twenty years, these essays examine the 'dark side' of functional differentiation and the prospects of societal constitutionalism as a possible remedy.

Teubner's claim is that critical accounts of law and society require reformulation in the light of the sophisticated diagnoses of late modernity in the writings of Niklas Luhmann, Jacques Derrida and select examples of modernist literature. Autopoiesis, deconstruction and other post-foundational epistemological and political realities compel us to confront the fact that fundamental democratic concepts such as law and justice can no longer be based on theories of stringent argumentation or analytical philosophy. We must now approach law in terms of contingency and self-subversion rather than in terms of logical consistency and rational coherence.

Subjects:
Constitutional and Administrative Law, Law and Society
Contents:
Foreword by Darrow Schecter

Part I: Law, literature and deconstruction
1. The law before its law: Franz Kafka on the impossibility of law's self reflection
2. Economics of gift, positivity of justice: the mutual paranoia of Jacques Derrida and Niklas Luhmann
3. Dealing with paradoxes of law: Derrida, Luhmann, Wiethoelter
4. Self-subversive justice: contingency or transcendence formula of law?

Part II: Juridical epistemology: redifining human rights and contract
5. The anonymous matrix: human rights violations by private transnational actors
6. After privatisation? The many autonomies of private law
7. In the blind spot: The hybridisation of contract

Part III: The dark side of functional differentiation and the response of societal constitutionalism
8. A constitutional moment? The logics of 'hitting the bottom'
9. Global Bukowina: legal pluralism in the world society
10. Regime-collisions: the vain search for unity in the fragmentation of global law
11. Societal constitutionalism and the politics of the common
12. The project of constitutional sociology: irritating nation state constitutionalism
Index