Research Handbook on Law and Systems Theory
Published on 24. April 2026
Book
Hardback
438 pages
978-1-0353-3648-7 (ISBN)
Description
This Research Handbook presents a comprehensive overview of the significance of systems theory for analysing law in modern society. Expert contributors examine key theoretical developments and core approaches to systems theory, illustrating the strengths of this transdisciplinary theoretical framework across research fields and areas of law.
Chapters cover a range of areas of law that this approach can be applied to, including constitutional law and constitutionalism, contract law, environmental law, social work and labour law. The Research Handbook draws on detailed case studies to investigate how this theoretical framework can be used in diverse contexts, exploring human rights, hate speech, climate change governance and corruption through this lens. It also highlights the role of systems theory across technology and business, from artificial intelligence and cryptocurrencies to illegality in organisations, the regulation of risk and investment arbitration tribunals.
This forward-looking Research Handbook will be valuable to students and scholars of systems theory and research methods in law, as well as jurisprudence more widely, as it provides an informative analysis of the latest research and thinking in this dynamic field.
Chapters cover a range of areas of law that this approach can be applied to, including constitutional law and constitutionalism, contract law, environmental law, social work and labour law. The Research Handbook draws on detailed case studies to investigate how this theoretical framework can be used in diverse contexts, exploring human rights, hate speech, climate change governance and corruption through this lens. It also highlights the role of systems theory across technology and business, from artificial intelligence and cryptocurrencies to illegality in organisations, the regulation of risk and investment arbitration tribunals.
This forward-looking Research Handbook will be valuable to students and scholars of systems theory and research methods in law, as well as jurisprudence more widely, as it provides an informative analysis of the latest research and thinking in this dynamic field.
Reviews / Votes
'Guiding us through the many workshops of socio-legal researchers who use systems theory, Ralf Rogowski brilliantly demonstrates the main potentials of theories: to establish improbable connections between studies of the most diverse domains of social reality, producing plural overviews, and, in multiple ways, to force thought to evolve, empowering imagination.' -- Pierre Guibentif, Iscte - University Institute of Lisbon, Portugal 'This Research Handbook is more than just a valuable addition to socio-legal scholarship: it demonstrates the ambit of systems theory to law, and what can now, with this volume, be understood as the developed discipline of systems theory in its assessment of the operation of law and laws in modern society.' -- Richard Nobles, Queen Mary University of London, UKMore details
Series
Language
English
Place of publication
Cheltenham
United Kingdom
Target group
Professional and scholarly
College/higher education
Dimensions
Height: 244 mm
Width: 169 mm
ISBN-13
978-1-0353-3648-7 (9781035336487)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Edited by Ralf Rogowski, Emeritus Professor of Law, University of Warwick, UK
Content
Contents
1 Introduction to law and systems theory 1
Ralf Rogowski
PART I THEORY
2 Legal autopoiesis and its limits 11
Marcelo Neves
3 Emergence and personification: How the law makes non-human
entities speak 30
Gunther Teubner
4 Modern law and the military system: The missing soldier? 48
Chris Thornhill
5 Responsive sociology of law 68
Alfons Bora
6 Law and critical systems theory 79
Joao P. Bachur
7 Systems theory, law and complexity theory 94
Thomas E. Webb and Steven Wheatley
8 The resonance capacity of the legal system 107
Hannah Vermassen and Andre Brodocz
9 Systems theory and legal aesthetics: Thou shall not differentiate! 124
Francesco Forzani and Andreas Philippopoulos-Mihalopoulos
10 Law, society: "systemic" vs "systematic"? 137
Anton Schu?tz
PART II RESEARCH FIELDS
11 Systems theory and the regulation of knowledge 152
Karl-Heinz Ladeur
12 Law and artificial intelligence: A matter of couplings 168
Aldo Mascareno
13 Systems theory and global civil society 185
Germano Schwartz
14 Systems theory and constitutionalism 200
Alberto Febbrajo
15 Climate change governance: A systems theory analysis 214
Karin Buhmann
16 Systems theory and the regulation of corruption in developing countries 229
Chukwuemeka Castro Nwabuzor
17 Illegality in organisations and systems theory 246
Stefan Ku?hl
18 Systems theory and the legal regulation of risk 266
Inger Johanne Sand
19 Social work and modern social systems theory 278
Stine Piilgaard Porner Nielsen
PART III AREAS OF LAW
20 Systems theory and human rights 292
Gert Verschraegen
21 Systems theory and contract law 307
Dan Wielsch
22 Environmental law and autopoietic systems theory 320
John Paterson
23 Systems theory and investment arbitration tribunals 334
Rafael Quintero Godinez
24 Reflexive regulation of cryptocurrencies 353
Immaculate Motsi-Omoijiade
25 Systems theory and the regulation of anti-discrimination 372
Kirandeep Kaur and Ralf Rogowski
26 Systems theory and hate speech 385
Nico Buitendag
27 Systems theory and procedure 398
Stefan Machura
28 Systems theory, law, and the digital media 409
Bernard Keenan
Index 419
1 Introduction to law and systems theory 1
Ralf Rogowski
PART I THEORY
2 Legal autopoiesis and its limits 11
Marcelo Neves
3 Emergence and personification: How the law makes non-human
entities speak 30
Gunther Teubner
4 Modern law and the military system: The missing soldier? 48
Chris Thornhill
5 Responsive sociology of law 68
Alfons Bora
6 Law and critical systems theory 79
Joao P. Bachur
7 Systems theory, law and complexity theory 94
Thomas E. Webb and Steven Wheatley
8 The resonance capacity of the legal system 107
Hannah Vermassen and Andre Brodocz
9 Systems theory and legal aesthetics: Thou shall not differentiate! 124
Francesco Forzani and Andreas Philippopoulos-Mihalopoulos
10 Law, society: "systemic" vs "systematic"? 137
Anton Schu?tz
PART II RESEARCH FIELDS
11 Systems theory and the regulation of knowledge 152
Karl-Heinz Ladeur
12 Law and artificial intelligence: A matter of couplings 168
Aldo Mascareno
13 Systems theory and global civil society 185
Germano Schwartz
14 Systems theory and constitutionalism 200
Alberto Febbrajo
15 Climate change governance: A systems theory analysis 214
Karin Buhmann
16 Systems theory and the regulation of corruption in developing countries 229
Chukwuemeka Castro Nwabuzor
17 Illegality in organisations and systems theory 246
Stefan Ku?hl
18 Systems theory and the legal regulation of risk 266
Inger Johanne Sand
19 Social work and modern social systems theory 278
Stine Piilgaard Porner Nielsen
PART III AREAS OF LAW
20 Systems theory and human rights 292
Gert Verschraegen
21 Systems theory and contract law 307
Dan Wielsch
22 Environmental law and autopoietic systems theory 320
John Paterson
23 Systems theory and investment arbitration tribunals 334
Rafael Quintero Godinez
24 Reflexive regulation of cryptocurrencies 353
Immaculate Motsi-Omoijiade
25 Systems theory and the regulation of anti-discrimination 372
Kirandeep Kaur and Ralf Rogowski
26 Systems theory and hate speech 385
Nico Buitendag
27 Systems theory and procedure 398
Stefan Machura
28 Systems theory, law, and the digital media 409
Bernard Keenan
Index 419