Skip to main content Accessibility help
×
Hostname: page-component-7c8c6479df-94d59 Total loading time: 0 Render date: 2024-03-28T10:59:37.724Z Has data issue: false hasContentIssue false

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
Get access

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

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Luhmann, Niklas, Law as a Social System (Oxford: Oxford University Press, 2004), pp. 88120CrossRefGoogle Scholar
Habermas, Jürgen, Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy (Cambridge / MA: MIT Press, 1996), pp. 84104Google 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

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×