This collection of essays explores the different ways the insights from complexity theory can be applied to law. Complexity theory - a variant of systems theory - views law as an emergent, complex, self-organising system comprised of an interactive network of actors and systems that operate with no overall guiding hand, giving rise to complex, collective behaviour in law communications and actions. Addressing such issues as the unpredictability of legal systems, the ability of legal systems to adapt to changes in society, the importance of context, and the nature of law, the essays look to the implications of a complexity theory analysis for the study of public policy and administrative law, international law and human rights, regulatory practices in business and finance, and the practice of law and legal ethics. These are areas where law, which craves certainty, encountersunending, irresolvable complexity. This collection shows the many ways complexity theory thinking can reshape and clarify our understanding of the various problems relating to the theory and practice of law.
Bibliography, etc. Note
Includes bibliographical references and index.
Formatted Contents Note
Table of Contents Contributors Section I Laws Complexity Jamie Murray, Thomas E. Webb and Steven Wheatley, Encountering Laws Complexity JB Ruhl and Daniel M. Katz, Mapping Laws Complexity with "Legal Maps" Section II Complexity and the State: Public Law and Policy Neville Harris, Complexity: Knowing It, Measuring It, Assessing It Thomas E. Webb, Asylum and Complexity: The Vulnerable Identity of Law as a Complex System Section III Complexity Beyond the State: Human Rights and International Law Steven Wheatley, Explaining Change in the United Nations System: The Curious Status of Security Council Resolution 80 (1950) Dimitrios Tsarapatsanis, The "Consensus Approach" of the ECtHR as a Rational Response to Complexity Anna Marie Brennan, Prospects for Prosecuting Non-State Armed Groups under International Criminal Law: Perspectives from Complexity Theory Section IV Complexity and Business and Finance Regulation Mark Chinen, Governing Complexity Michael Leach, Complex Regulatory Space and Banking Jamie Murray, Regulating for ecological resilience: A new Agenda for Financial Regulation Section V Complexity and the Ethics of Law and Legal Practice Lucy Finchett-Maddock, Nonlinearity, Autonomy and Resistant Law Minka Woermann, Complexity and the Normativity of Law Julian Webb, Regulating the Practise of Practice: On Agency and Entropy in Legal Ethics.