内容简介
1 Is the Legal System a System?
2 Why Do Judges Talk the Way they Do?
Social Systems, Psychic Systems and Redundancy
Judicial Communications and ‘Commitment’ to the Legal System
Judicial Discretion
Conclusion
3 Can One Have a Right to Disobey a Law?
Civil Disobedience within the Legal System
Civil Disobedience within the Political System
Social Movements and Civil Disobedience
Civil Disobedience within the Legal and Political Systems -A Case Study (Debbie Purdy’s Case)
Conclusion
4 Understanding Legal Pluralism
Brian Tamanaha’s Criticisms of Systems Theory
How Does One Identify a Subsystem Code?
Law and Violence
Normative Pluralism
Pluralism and Translation
Exploring Legal Pluralism in Modern and Pre-modern Societies
Conclusion
5 How Law Constructs Time
Time, Law and Politics
A Simple Example: The Presumption of Innocence
A Complex Example
6 Politics and Law: The Rule of Law, Constitutional Law, and Human Rights
The Rule of Law
Constitutional Law
Constitutional and Human Rights, and Societal Constitutionalism
7 Control through Law
Steering through Constituting Rules
Observing Reflexive Law
Structural Coupling Dynamics
8 Appeals in Law
Appeals and Doctrine
The Structural Coupling between Law and the Media through Conviction
Implications of Criminal Appeals for the Structural Coupling between Law and the Media
The Pressures Generated by the Differences between the Media and the Legal System’s Understanding of Appeal
Postscript: A Comment on Human Involvement
Bibliography
Index