1st Edition

Complexity Theory and Law Mapping an Emergent Jurisprudence

Edited By Jamie Murray, Thomas Webb, Steven Wheatley Copyright 2019
296 Pages
by Routledge

296 Pages
by Routledge

296 Pages
by Routledge

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... Read more

Table of Contents

Contributors

Section I – Law’s Complexity

Jamie Murray, Thomas E. Webb and Steven Wheatley, Encountering Law’s Complexity

JB Ruhl and Daniel M. Katz, Mapping Law’s 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

Biography

Jamie Murray is Senior Lecturer in Law at Liverpool Hope University.

Thomas E. Webb is Lecturer in Law at the University of Lancaster.

Steven Wheatley is Professor of International Law at the University of Lancaster.