scholarly journals Contrasting differences in identity and agency between narrative and autopoietic systems

2013 ◽  
Vol 69 (1) ◽  
Author(s):  
Nico Buitendag
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Narrative Identity ◽  
Niklas Luhmann ◽  
Autopoietic Systems ◽  
Identity And Agency ◽  
Role Players ◽  
The Law ◽  
Legal Subjects

The article aims at contrasting the autopoietic understanding of an individual and her or his actions as described by Niklas Luhmann with Paul Ricoeur’s notion of narrative identity, focusing on people as legal subjects. The article assumes that when legal subjects necessitate ethical engagement and evaluation, the law could cease to deal with problems in a mere legalistic fashion but is allowed the freedom to appeal to norms of justice external to itself as in other natural law theories. Through narrative identity the deeds of role players are to be understood in greater complexity than what a self-referential legal system is comfortable in dealing with.

The Repudiation of Rational Natural Law by National-Socialism

2017 ◽  
Author(s):  
Ernst Fraenkel
Keyword(s):  
Political Science ◽  
Legal System ◽  
Natural Law ◽  
National Socialism ◽  
Third Reich ◽  
The Third ◽  
The Law ◽  
The Third Reich

The chapter describes how the prerogative state was able to completely abolish the inviolability of the law. Since the doctrine of the inviolability of law is part of the heritage of rational Natural Law, it is argued, its explicit rejection in the legal system of the Third Reich raises the question of the whole attitude of National-Socialism toward Natural Law. The chapter describes how the repudiation of Natural Law was achieved and also the form this repudiation took. Despite the fact that Natural Law has been refuted time and again by political science, until the period when this text was written it had not yet lost its vitality entirely.

Echoes of Natural Law

2021 ◽  
pp. 222-250
Author(s):  
Stuart Banner
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Past Century ◽  
Law Schools ◽  
Academic Interest ◽  
Law Of Nature ◽  
The Past ◽  
The Status ◽  
History Of ◽  
The Law

This chapter examines the status of natural law in the legal system over the past century. In law schools, natural law never ceased to be a topic of study. This academic interest in natural law has had almost no effect on the working legal system, where natural law has been relied upon by only the most idiosyncratic of judges and lawyers. The history of our use of natural law has nevertheless continued to exert influence on the legal system, which still contains doctrines and practices that were once based on the law of nature.

The Law of Nature

2021 ◽  
pp. 11-45
Author(s):  
Stuart Banner
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Legal Education ◽  
Law Of Nature ◽  
Positive Law ◽  
Scientific Laws ◽  
The Law

This chapter explores how natural law worked in the legal system of the 18th and 19th centuries. It discusses how lawyers believed natural law could be discerned, how natural law related to positive law, why natural law seemed so plausible, how natural law figured in legal education, and how natural law was used in practice. Natural law was understood to consist of general principles found in nature, like the principles we call “scientific” laws today. They formed a backdrop against which positive law was enacted and interpreted. These general principles guided courts’ decisions where positive law did not yield a clear answer.

The Decline of Natural Law

2021 ◽  
Author(s):  
Stuart Banner
Keyword(s):  
19Th Century ◽  
Legal System ◽  
Natural Law ◽  
Rapid Growth ◽  
Legal Issues ◽  
Late 19Th Century ◽  
Long Term Trends ◽  
The Law ◽  
American Legal System

Before the late 19th century, natural law played an important role in the American legal system. Lawyers routinely used it in their arguments, and judges often relied upon it in their opinions. Today, by contrast, natural law plays virtually no role in the legal system. When natural law was part of a lawyer’s toolkit, lawyers thought of judges as finders of the law, but when natural law dropped out of the legal system, lawyers began thinking of judges as makers of the law instead. The Decline of Natural Law explores the causes and consequences of this change. It discusses the ways in which lawyers used natural law and why the concept seemed reasonable to them. It examines several long-term trends in legal thought that weakened the position of natural law, including the use of written constitutions, the gradual separation of the spheres of law and religion, the rapid growth of legal publishing, and the position of natural law in some of the 19th century’s most contested legal issues. It describes the profession’s rejection of natural law in the late 19th and early 20th centuries. And it explores the ways in which the legal system responded to the absence of natural law.

Narratives in Contest; or, Another Twist in the Narrative Turn

PMLA ◽  
2008 ◽  
Vol 123 (1) ◽  
pp. 166-175 ◽  
Author(s):  
James Phelan
Keyword(s):  
Legal System ◽  
Narrative Identity ◽  
Illness Narratives ◽  
Jerome Bruner ◽  
Medical Researchers ◽  
Identity Thesis ◽  
The Law ◽  
Power Of Story

The narrative turn, the study of the nature and power of story and storytelling, continues to be one of the most significant movements in contemporary thought, influencing work in an ever-growing number of disciplines. Psychologists such as Jerome Bruner explore the “narrative identity thesis,” the idea that the very conception of selfhood depends on having a narrative of one's life. Scholars of the law such as Peter Brooks advance our understanding of the legal system by analyzing the myriad kinds of narrative—from confessions to closings—integral to it. Medical researchers such as Rita Charon find that treatment improves when doctors listen to patients' illness narratives rather than simply seek to identify patients' symptoms.

scholarly journals What Rules and Laws does Socrates Obey?

2019 ◽  
pp. 399-432
Author(s):  
David Xavier Levystone
Keyword(s):  
Legal System ◽  
Natural Law ◽  
Moral Values ◽  
Legal Positivism ◽  
The Law ◽  
The City

Socrates´ thought of justice and obedience to laws is motivated by a will to avoid the destructive effects of Sophistic criticisms and theories of laws. He thus requires–against theories of natural law–an almost absolute obedience to the law, as far as this law respects the legal system of the city. But, against legal positivism, Socrates would not admit that a law is just simply because it is a law: he is looking for the true Just. However, as often in Socratic philosophy, Socrates cannot accept that two equally justified and legitimate rights or moral values conflict.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

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