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How to get order from noise into the law: Would it be possible to add social complexity to the legal system?
Throughout our discussions at the Luhmann Workshop during the Unisinos Post-Graduation in Law Programme, one of our favourite subjects was the limits of the legal system and its consequences to society. Within this framework, Dr. Lenio Streck, one of most brilliant legal minds of Brazil, whose studies comprehend philosophic hermeneutics and Dworkin's manuscripts, placed a question: would it be admissible, considering the theory of autopoietic systems, that the law should admit the setting up of a red-light district in Brazil?
The Representation of the Sacred and the Insufficient Functional Differentiation of the Legal System in Brazil
This paper is concerned with questioning three representations of the sacred in highly symbolic places for the (re)construction of Brazil's legal system. The purpose of this paper is to examine the social structures which resulted in the co-evolution of legal and religious systems, at different times, in central and peripheral countries, analyzing it from the point of view of Niklas Luhmann's theory of autopoietic social systems. The stage of differentiation of both these systems would be clearly seen by observing the sacred that inhibits the necessary legal autopoiesis in the periphery of the global social system.
Law, Legal Culture and Society
This volume addresses the pluralistic identity of the legal order. It argues that the mutual reflexivity of the different ways society perceives law and law perceives society eclipses the unique formal identity of written law. It advances a distinctive approach to the plural ways in which legal cultures work in a modern society, through the metaphor of the mirror. As a mirror of society, it distinguishes between the structure and function of legal culture within the legal system, and the external representation of law in society. This duality is further problematized in relation to the increasing transnationalisation of law. Based on a multi-level interpretation of the concept of legal culture, the work is divided into three parts: the first addresses the mutual reflections of social and legal norms that support a pluralist representation of internal legal cultures, the second concentrates on the external legal cultures that constantly enable pragmatic adjustments of the legal order to its social environment, and the third concludes the book with a theoretical discussion of the issues presented.
Vigilante Justice in Society and Popular Culture
This unique collection explores the complex issue of vigilantism, how it is represented in popular culture, and what is its impact on behavior and the implications for the rule of law. The book is a transnational investigation across a range of eleven different jurisdictions, including accounts of the Anglophone world (Australia, Britain, Canada, and the United States), European experiences (Germany, Greece, Italy, Poland, and Portugal), and South American jurisdictions (Argentina and Brazil). The essays, written by prominent international scholars in law, sociology, criminology, and media studies, present data, historical and recent examples of vigilantism; examine the national Laws and jur...
Law and Intersystemic Communication
With contributions from experts in the field of sociology of law, this book provides an overview of current perspectives on socio-legal studies. It focuses particularly on the relationship between law and society described in recent social systems theory as ’structural coupling’. The first part of the book presents a reconstruction of theoretical tendencies in the field of socio-legal studies, characterised by the emergence of a transnational model of legal systems no longer connected to territorial borders and culturally specific aspects of single legal orders. In the following parts of the book, the contributions analyse some concrete cases of interrelation between law and society from an empirical and theoretical perspective.
La Constitucion, La Literatura y el Derecho
El presente libro tiene por objeto el estudio de la conexión existente entre la Constitución y la Literatura. A partir de ello, tiene por objetivo rescatar, si es que aún existe, el sentido de un tiempo en el que la justicia era poética, cuando los debates académicos y sociales se desarrollaban en un ambiente de pasión, hoy, abandonado por la creciente burocratización del papel desempeñado por los investigadores en nuestras universidades y por los operadores del Derecho en la práctica jurídica. Un objeto nostálgico, por cierto. Una sensación de inquietud y de intolerancia para la brevedad de un tiempo peligroso para el Estado de Derecho. Sin embargo, antes de todo, una mirada externa (de segundo grado) sobre el Derecho y el Estado, capaz de desvelar las expectativas que la sociedad posee acerca de la Carta Fundamental. Así, desde el Law and Literature Movement, la sociedad abierta de intérpretes de la Constitución (Häberle) sería constituida por legisladores y decisores que podrían ser caracterizados como poetas del mundo.
The Emperor's halo: An essay on art and law in medieval political iconography
The portraits of kings that we present in this book allow us to think about the complex relationship between law, religion and sovereign power in the Middle Ages. We seek to answer the question about how medieval artists saw the relationship between king, law and faith and how these works of art helped to build, on the visual plane, the symbolic legitimacy of sovereign power. Following the historical trail of Peterson, Schmitt, Kantorowicz and Agamben, we can observe today the relationship between the body and the acclamation and glorification of the sovereign inscribed in these works of art. They are paintings, frescos and illuminations that constitute the founding political iconography of the image that we have and make of Law and the State. The chronological organization of the images corresponds to Kantorowicz's thesis, according to which the mystical body of the king had first, a Christocentric, then a legal and, finally, a governmental foundation. First, the king as an image of Christ, then, as an image of Law and Justice, and finally, in the early Middle Ages, the king as a government.
Ethnicity, Gender, and Diversity
Television and streamed series that viewers watch on their TVs, computers, phones, and tablets are a crucial part of popular culture They have an influence on viewers and on law. People acquire values, behaviors, and stereotypes, both positive and negative, from television shows, which are relevant to people’s acquisition of beliefs and to the development of law.. In this book, readers will find the first transnational, empirical look at ethnicity, gender, and diversity on legally-themed TV shows. Scholars determine the three most watched legally-themed shows in Brazil, Britain, Canada, Germany, Greece, Poland, Switzerland and the United States and then examine gender, age, ability, ethnicity, race, class, sexual orientation and nationality in those shows and countries. As such, this book provides an important link between law, TV, and what is going on in real life.
Colonial and Post-Colonial Goan Literature in Portuguese
This collection of essays brings together established scholars of Lusophone Goan literature from India, Brazil, Portugal and Great Britain. For the first time in English, this volume traces the key narrative works, authors and themes of this small but significant territory. Goa, a Portuguese colony between 1510 and 1961, was the site of a particular and particularly intense meeting of West and East. The problematic yet productive encounter between Europe and India that has characterised Goa’s history is a major theme in its literature, which affords important insights and material for post-colonial thought. Goan literature in Portuguese is the only significant Indian literature to have been written in a European language other than English and, as such, provides both a challenging point of comparison with anglophone Indian literature and a space to examine post-colonial theory often implicitly embedded in a British Indian colonial experience.
Direito da sociedade policontextural
Direito da sociedade Policontextural tem vários objetivos. O maior, sem dúvidas, é comemorar os 30 anos de docência de um dos maiores expoentes da teoria jurídica contemporânea em solo brasileiro, o Dr. Leonel Severo Rocha. A partir desse mote, outro surgiu: agregar os pesquisadores que, de uma forma ou de outra, foram influenciados por seu trabalho. Após, mais um caminho foi seguido: escrever artigos acadêmicos que possuíssem concatenação com as metas pretendidas e estipuladas. No primeiro capítulo, o leitor vai se deparar com ensaios dirigidos a explicar como se dá o percurso intelectual de Leonel Severo Rocha e de que maneira essa caminhada influenciou - e ainda influencia - ...
