Rights statement: The final publication is available at Springer via http://dx.doi.org/10.1007/s10978-013-9118-0
Accepted author manuscript, 384 KB, PDF document
Research output: Contribution to Journal/Magazine › Journal article › peer-review
Research output: Contribution to Journal/Magazine › Journal article › peer-review
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TY - JOUR
T1 - Exploring system boundaries
AU - Webb, Tom
N1 - The final publication is available at Springer via http://dx.doi.org/10.1007/s10978-013-9118-0
PY - 2013
Y1 - 2013
N2 - Autopoiesis is normally considered to be the systems theory in law. In this paper complexity theory is presented as an alternative systems approach. In order to position complexity theory as a plausible alternative to autopoiesis I discuss the differing understanding of boundary within each theory, and use this as a vehicle to critique autopoiesis. My critique is situated within systems theory thinking but is external to both autopoiesis and complexity theory (although I must oscillate between the two object of critique). Because both approaches possess an understanding of boundary it provides an effective tool to contrast their differences, while permitting each to be described in its own language. It is argued that complexity theory offers an approach to boundaries as contingent, emergent, interfaces, which the autopoietic construction of boundary can learn from in several ways. More generally it is suggested that the complexity theory approach to boundaries offers lawyers engaging with systems theory a new critical perspective to assess legal constructions.
AB - Autopoiesis is normally considered to be the systems theory in law. In this paper complexity theory is presented as an alternative systems approach. In order to position complexity theory as a plausible alternative to autopoiesis I discuss the differing understanding of boundary within each theory, and use this as a vehicle to critique autopoiesis. My critique is situated within systems theory thinking but is external to both autopoiesis and complexity theory (although I must oscillate between the two object of critique). Because both approaches possess an understanding of boundary it provides an effective tool to contrast their differences, while permitting each to be described in its own language. It is argued that complexity theory offers an approach to boundaries as contingent, emergent, interfaces, which the autopoietic construction of boundary can learn from in several ways. More generally it is suggested that the complexity theory approach to boundaries offers lawyers engaging with systems theory a new critical perspective to assess legal constructions.
KW - Systems theory
KW - Law
KW - legal theory
KW - complexity theory
KW - autopoiesis
KW - Luhmann
U2 - 10.1007/s10978-013-9118-0
DO - 10.1007/s10978-013-9118-0
M3 - Journal article
VL - 24
SP - 131
EP - 151
JO - Law and Critique
JF - Law and Critique
SN - 0957-8536
IS - 2
ER -