ARTICLE ANNOUNCEMENT: "Tracing an Outline of Legal Complexity"

From: Ratio Juris, Vol. 27, Issue 4, pp. 477-495, 2014 (click here to buy this article from SSRN)

by: TOM WEBB, Lancaster University Law School
Email: t.webb@lancaster.ac.uk

Autopoiesis and systems theory are terms often treated as synonymous by lawyers. This sleight‐of‐phrase elides the space between autopoiesis and systems theory, removing its content. Within this eliminated space there exist numerous understandings of systems approaches in law; one such understanding is complexity theory. Complexity theory entails a very different systems view of law to that of autopoiesis. In this paper I explore the concepts of complexity and their relevance to law. In tracing an outline of complexity, a number of contradictions, paradoxes, and additional questions are exposed which require further detailed analysis in the future.

JURIS DIVERSITAS (BOOK): Palmer, Mattar, and Koppel (eds) on Mixed Legal Systems, East and West

Advance publication information is now available on an upcoming Juris Diversitas title:  Vernon Valentine Palmer, Mohamed Y Mattar, and Anna Koppel (eds), Mixed Legal Systems, East and West

Advancing legal scholarship in the area of mixed legal systems, as well as comparative law more generally, this book expands the comparative study of the world’s legal families to those of jurisdictions containing not only mixtures of common and civil law, but also to those mixing Islamic and/or traditional legal systems with those derived from common and/or civil law traditions.

With contributions from leading experts in their fields, the book takes us far beyond the usual focus of comparative law with analysis of a broad range of countries, including relatively neglected and under-researched areas. The discussion is situated within the broader context of the ongoing development and evolution of mixed legal systems against the continuing tides of globalization on the one hand, and on the other hand the emergence of Islamic governments in some parts of the Middle East, the calls for a legal status for Islamic law in some European countries , and the increasing focus on traditional and customary norms of governance in post-colonial contexts. 

This book will be an invaluable source for students and researchers working in the areas of comparative law, legal pluralism, the evolution of mixed legal systems, and the impact of colonialism on contemporary legal systems. It will also be an important resource for policy-makers and analysts.

Advance reviews include the following:

‘Globalization is leading to the convergence of legal systems and traditions - from all across the world. Helping us to understand what the future of the law may look like, this book presents findings from those living legal laboratories - the “Mixed Legal Systems”. The book presents findings from the usual civil/common law mixed systems and the non-western, religious and philosophical-based legal systems. Such a comprehensive approach provides the reader with a sophisticated appreciation of the real mixing that is taking place and consequently provides a better feel for what might be the future of the law on Earth.’
Colin Picker, the University of New South Wales, Australia

‘Many of the legal systems discussed in the present volume have not been the subject of academic analysis in the past, and in that sense, it constitutes an original and refreshing contribution to the history and jurisprudence of mixed legal systems. The focus on the indigenous, customary and religious systems of the East, with special emphasis on Islamic law, is highly relevant to contemporary developments all over the world as the legal boundaries between West and East shift, and mixed systems become more prevalent. This book provides an indispensable guide to what is rapidly becoming one of the most important fields in this branch of comparative legal studies.’
Tamar Gidron, The College of Management Academic Studies, Israel

JURIS DIVERSITAS: Ashgate Publishing - Special offer to Juris Diversitas members

Ashgate Publishing - Special offer to Juris Diversitas members

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