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4 - Private Law and Theories of Communication

from Part I - Methods and Disciplines

Published online by Cambridge University Press:  09 April 2021

Stefan Grundmann
Affiliation:
European University Institute, Florence
Hans-W. Micklitz
Affiliation:
European University Institute, Florence
Moritz Renner
Affiliation:
Universität Mannheim, Germany
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Summary

This chapter deals with two different social theories, which can be subsumed under the concept of theories of communication. Both theories analyse the role of the legal system, and private law in particular, in the context of modern, functionally differentiated societies. Their focus is on explaining the rationality of the legal system as ‘a rationality apart’. At the same time, they try to analyse the ways in which the law necessarily interacts with other fields of society: politics, the economy, religion, etc. Thus, the theories discussed in this chapter can be seen as reformulations of the tension between the ‘inside and the outside’ of private law (see Chapter 1).

Type
Chapter
Information
New Private Law Theory
A Pluralist Approach
, pp. 95 - 109
Publisher: Cambridge University Press
Print publication year: 2021

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References

Luhmann, Niklas, Law as a Social System (Oxford: Oxford University Press, 2004), pp. 88120Google Scholar
Habermas, Jürgen, Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (Cambridge / MA: MIT Press, 1996), pp. 84104CrossRefGoogle Scholar
Fischer-Lescano, Andreas, ‘Critical Systems Theory’, 38 Philosophy & Social Criticism 323 (2012).CrossRefGoogle Scholar
Kjaer, Poul, ‘Systems in Context: On the Outcome of the Habermas/Luhmann-debate’, Ancilla Iuris 66–77 (2006).Google Scholar
Lomfeld, Bertram, ‘Contract as Deliberation’, 76 Law and Contemporary Problems 118 (2013).Google Scholar
Teubner, Gunther, Law as an Autopoietic System (Oxford, UK / Cambridge, MA: Blackwell, 1993)Google Scholar
Thornhill, Chris, ‘Systems Theory and Legal Theory: Luhmann, Heidegger and the False Ends of Metaphysics’, 116 Radical Philosophy 720 (2002).Google Scholar

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