Law’s Autonomy in Action: Anthropology and History in Court

Krieken, Robert van

doi:10.1177/0964663906069550

Cited by 9 publications

(2 citation statements)

References 27 publications

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“…Krieken, 2006). In this sense, law serves to depoliticise and make social conflict governable, as it provides a seemingly unbiased means of assessing a novel situation and determining a proper outcome.…”

Section: Juridification Legal Modes Of Reasoning and The Production mentioning

confidence: 98%

ELSIfication in Canada: Legal Modes of Reasoning

López

Lunau

2012

Science as Culture

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ELSI (Ethical, Legal and Social Implications) initiatives are frequently attached to major science programmes. The expectation is that ELSI research will produce a practical advanced assessment of the impacts of technological development. Williams' overview of the field demonstrates that this encourages a mechanistic understanding of technological development leading to compressed foresight, i.e. the notion that the future is imminent in the present. The development of the ELSI domain in Canada has been characterised by an affinity between the types of knowledge valorised by the field and modes of legal reasoning, suggesting a legal variant of compressed foresight. The concept of juridification and an analysis of two related modes of legal reasoning (analogy and reflective equilibrium) shed light on the connection between legal reasoning and the ELSI field in Canada. The deployment of the aforementioned modes of legal reasoning enables law to define and operationalise difficult questions by drawing on currently existing principles and precedents. Thus, when legal modes of reasoning are brought to bear on ELSI questions, the future is made a calculable and manageable extension of the present, dovetailing with the ELSI field's requirement of pragmatic, advanced assessment.

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Section: Juridification Legal Modes Of Reasoning and The Production mentioning

confidence: 98%

ELSIfication in Canada: Legal Modes of Reasoning

López

Lunau

2012

Science as Culture

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“…Thus, decisions must, to a large extent, be based on external expertise on what harms or helps children (Smith, 2004, p. 319). However, ‘the reliability of any area of knowledge is always open to the court's critical scrutiny, and what any expert is actually expert in is a matter for the court to decide’ (van Krieken, 2006, p. 576). Furthermore, information has to be presented in legal code.…”

Section: Law and Child Welfare Expertsmentioning

confidence: 99%

Shared parenting, law and policy: considering power within the framework of autopoietic theory

Newnham¹

2015

International Journal of Law in Context

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This paper uses the last few decades' developments in the area of shared parenting to explore power within the framework of autopoietic theory. It traces how, prompted by turbulence from the political subsystem, family law has made several unsuccessful attempts to solve the perceived problem of post-separation dual-household parenting. It agrees with Luhmann and Teubner that closed autopoietic systems' developments are limited by their normative and cognitive frameworks, and also argues that changes which have occurred in family law show that closed social systems do not function in total isolation. It considers power as ego's ability to limit alter's choices. In our functionally differentiated society, with its recent proliferation of communication, power appears more diffuse and impossible to plot into causal one-way relationships.

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Legal representation and trial outcomes: a bourdieusian analysis of chinese criminal court practices

2016

Crime Law Soc Change

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Law’s Autonomy in Action: Anthropology and History in Court

Cited by 9 publications

References 27 publications

ELSIfication in Canada: Legal Modes of Reasoning

ELSIfication in Canada: Legal Modes of Reasoning

Shared parenting, law and policy: considering power within the framework of autopoietic theory

Legal representation and trial outcomes: a bourdieusian analysis of chinese criminal court practices

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