Luhmann’s Judgment

Messner, Claudius

doi:10.1007/s11196-013-9344-7

Cited by 4 publications

(1 citation statement)

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“…The theory of autopoietic social systems was developed by the German sociologist, Niklas Luhmann, who was interested in 'how social order was possible if the contrary, chaos, was so much more plausible' (Ziegert, 2005, p. 51; see also Messner, 2014). Where Luhmann differs from other contemporary social theorists is in seeing the phenomenal world (the world that has meaning for us) constructed at two distinct levels -the psychic and the social -and it is the interaction between them which, at the level of individual consciousness, enables individuals to make sense of the external world (see King, 1997, p. 189;Teubner, 1993).…”

Section: Luhmann's Theory Of Autopoietic Social Systemsmentioning

confidence: 99%

Family law without lawyers – A systems theory perspective

Barnett

2017

Journal of Social Welfare and Family Law

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Prior to the loss of legal aid for many litigants in private law Children Act proceedings occasioned by the Legal Aid, Sentencing and Punishment of Offenders Act 2012, family lawyers were observed to pressurise victims of domestic violence to agree to unsafe contact orders. Drawing on Luhmann's theory of autopoietic social systems, this article suggests that, since April 2013, family lawyers have been repositioned as the champions of victims of domestic violence, and considers what this tells us about the way in which family law is observed to operate without lawyers in many cases. It suggests that the problems that LIPs create for the orderly running of proceedings and the continued operations of the legal system have led to a perceived crisis for justice, but that family law is likely to survive without lawyers in many cases, although little change can be observed in the substantive law.

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Section: Luhmann's Theory Of Autopoietic Social Systemsmentioning

confidence: 99%