Law of the Worlds - Towards an Inter-Systemic Theory
RECHT ZWISCHEN DOGMATIK UND THEORIE: MARC AMSTUTZ ZUM 50 GEBURTSTAG, pp. 159 - 75, Stefan Keller und Stefan Wiprächtiger, eds., Zürich: Dike Verlag, 2012
18 Pages Posted: 14 Jan 2012 Last revised: 23 Feb 2012
Date Written: January 11, 2012
Departing from systems theory, Marc Amstutz has developed a refined theory of world law. In the course of developing this theory he has, however, reformulated or changed the status of a number of central system theoretical concepts, including the concepts of (co-)evolution, interpenetration and function. At first glance, these changes appear to be relatively inconsequential but at second glance they amount to a radical reformulation of systems theory because the focus is systematically shifted away from system internal processes and towards inter-systemic processes. Although Amstutz departs from a legal perspective, his theory is in fact projecting a mirror image of the wider society. Amstutz has, in other words, not just developed a theory of world law, but rather a central contribution to a novel inter-systemic theory of society as such.
Keywords: globalization, global law, world law, legal transfer, evolution, inter-systemic, legal theory, interpenetration, world society, Luhmann, cognitive expectations, normative expectations, systems theory, post-structuralism, morality, inter-legality, Marc Amstutz
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