9 Pages Posted: 27 Feb 2008
Date Written: February 27, 2008
Although Teubner presents reflexive law as a development of Selznick's responsive law, distinguishing them enables examination of their respective strengths and weaknesses.
Teubner collapses Selznick's concerns with purpose and integrity into normativity and system closure. Responsive law notices connections as it re-imagines ideals and enables understanding reflexive law's acceptance of taken-for-granted injustices.
Selznick collapses Teubner's concern with global communication and multiplicity into community participation and organicism. Reflexive law notices heterarchy as it re-imagines internationalism and enables understanding responsive law's acceptance of subordination and minimization of the challenges from those outside our community.
This short paper emphasizes the endogenous account of law and society that emerges from Selznick's pragmatism as the vehicle for reaching these conclusions.
Keywords: Teubner Selznick, reflexive law, responsive law, pragmatism
JEL Classification: K20
Suggested Citation: Suggested Citation
Rosen, Robert, Endogeneity and its Discontents: Teubner and Selznick on Legal Pluralism (February 27, 2008). University of Miami Legal Studies Research Paper No. 2008-02. Available at SSRN: https://ssrn.com/abstract=1099008 or http://dx.doi.org/10.2139/ssrn.1099008