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Complexity Theory and Law: Mapping an Emergent Jurisprudence

Complexity Theory and Law: Mapping an Emergent Jurisprudence

Author: Jamie Murray; Thomas Webb; Steven Wheatley
Publisher: Routledge
ISBN: 9780415786096
Published In: August 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Complexity theory – a variant of systems theory – understands law as an emergent, complex, self-organizing system in which an interactive network of actors and systems operate with no overall guiding hand, giving rise to complex collective behaviour that can be observed in patterns of law communications and actions. This collection explores the different ways in which the insights from complexity theory can be applied to law.

Addressing such issues as the unpredictabilityof legal systems, the ability of legal systems to adaptto changes in society, the importance of context, and thenature of the boundaries of law, it engages a wide range of legal areas, including: 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 all areas where law, which craves certainty and conclusiveness, encounters uncertainty and unending complexity. And offering, through a thorough exploration of complexity theory, a qualitatively different account of law and society, this collection illuminates the many ways in which complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.

Introduction

Jamie Murray, Tom Webb and Steven Wheatley, ‘Complexity Theory & Law: Mapping a New Legal Science’

PART I: THINKING ABOUT COMPLEXITY & LAW

1. Jamie Murray, Tom Webb and Steven Wheatley, ‘Law’s Complexity’

2. Tom Webb, ‘Complexity Jurisprudence in the Shadow of Autopoiesis?’

3. JB Ruhl and Dan Katz ,‘Complexity Theory and Law – Where are we and where must we go?’

PART II THE COMPLEX STATE: CONSTITUTIONALISM AND PUBLIC POLICY

4. Neville Harris, ‘Complexity: Knowing it, measuring it, tolerating it?’

5. Tom Webb, ‘Complexity and Vulnerability in Administrative Decision-Making’

PART III COMPLEXITY BEYOND THE STATE: INTERNATIONAL LAW AND HUMAN RIGHTS

6. Steven Wheatley, ‘‘The Emergence and Evolution of the Complex International Law System’

7. Anna Marie Brennan, ‘Prosecuting Transnational Terrorist Groups before the International Criminal Court: How Complexity Theory Can Explain the Accountability Gap’

8. Sionaidh Douglas-Scott, ‘Complexity theory and human rights’

9. Dimitrios Tsarapatsanis, ‘The ‘Consensus Approach’ of the ECtHR as a Rational Response to Complexity: Taming Uncertainty through Collective Intelligence’

PART IV: COMPLEXITY AND BUSINESS AND FINANCE REGULATION

10. Jamie Murray, ‘Regulating for Resilience in the Global Financial System’

11. Michael Leach, ‘Rethinking Legal Transplantation as a Complex Legal Phenomenon’

12. Xiao Li, ‘An Adaptive Capacity Enhancement Model of Corporate Governance’

PART V: COMPLEXITY AND THE ETHICS OF LAW AND REGULATION

13. Minka Woermann, ‘Complexity and the ethics of law’

14. Julian Webb, ‘Playing with the Rules: On agency and entropy in legal ethics’

15. Lucy Finchett-Maddock, ‘Speculative Entropy: The Beauty of Time, Chaos and the Unknown in

Environmental Law’

CONCLUSION

Murray, Webb and Wheatley, ‘The Futures of Complexity Theory in Law’.

Complexity Theory & Law: Mapping an Emergent Jurisprudence