Coincidentia Oppositorum: Hybrid Networks Beyond Contract and Organization
Johann Wolfgang Goethe Universität
FESTSCHRIFT IN HONOUR OF LAWRENCE FRIEDMAN, Robert Gordon, Mort Horwitz, eds., Stanford University Press, 2006
My concrete observations are about new network phenomena, how they irritate the courts and provoke the judges to juridical adventures. I will raise the question of whether restrictions in the two common ways in which the law observes its local environment - judicial and legislative reality reconstructions - systematically preclude an adequate treatment of such new social phenomena. Does the law indeed need a third mode of observing so-called 'social reality'? Business co-operation networks provide an example for the observation that this third approach cannot simply be secured through the social sciences, but is instead wholly dependent upon a unique combination of legal doctrine and reflexive social practices. I describe this 'third way' as an effort to irritate the legal system selectively with particular demands from its social environment. I still call it sociological jurisprudence, although, and rather because, this is the same form of necessary pipe-dream that is represented by a 'legal policy analysis', or by 'legal economics'. Trying to take a couple of paces along this impossible but necessary third way, I shall demonstrate how the legal qualification of networks, in particular their legal conditions and their legal consequences, can be tackled through confrontation with non-legal social reality constructs.
Number of Pages in PDF File: 22
Keywords: legal theory, system theory
JEL Classification: K10, K40
Date posted: January 24, 2006