Substantive and Reflexive Elements in Modern Law

THE LAW AND SOCIETY CANON, Carroll Seron, ed., Ashgate, Aldershot, pp. 75-122, 2006

SOCIOLOGICAL THEORIES OF LAW, Kahei Rokumoto, ed., Dartmouth, Aldershot, pp. 415-462, 1994

Law and Society Review, Vol. 17, pp. 239-285, 1983

47 Pages Posted: 19 Apr 2006 Last revised: 8 Sep 2009

See all articles by Gunther Teubner

Gunther Teubner

Johann Wolfgang Goethe Universität

Abstract

The most comprehensive efforts to develop a new evolutionary approach to law are found in the work of Nonet and Selznick in the United States and Habermas and Luhmann in Germany. While these theorists are concerned with a common problem-the crisis of formal rationality of law-they differ drastically in their accounts of the problem and their vision of the future. This paper tries to resolve these differences by first decomposing and then restructuring the diverse neo-evolutionary models. Using a more comprehensive model of socio-legal covariation, the author identifies an emerging kind of legal structure which he calls reflexive law. Reflexive law is characterized by a new kind of legal self-restraint. Instead of taking over regulatory responsibility for the outcome of social processes, reflexive law restricts itself to the installation, correction, and redefinition of democratic self-regulatory mechanisms. The author identifies areas of private law in which reflexive solutions are arguably emerging, and he spells out the consequences which a concern for reflexivity has for a renewed sociological jurisprudence.

Keywords: legal theory, system theory

JEL Classification: K 10, K 40

Suggested Citation

Teubner, Gunther, Substantive and Reflexive Elements in Modern Law. THE LAW AND SOCIETY CANON, Carroll Seron, ed., Ashgate, Aldershot, pp. 75-122, 2006; SOCIOLOGICAL THEORIES OF LAW, Kahei Rokumoto, ed., Dartmouth, Aldershot, pp. 415-462, 1994; Law and Society Review, Vol. 17, pp. 239-285, 1983. Available at SSRN: https://ssrn.com/abstract=896509

Gunther Teubner (Contact Author)

Johann Wolfgang Goethe Universität ( email )

Grüneburgplatz 1
Frankfurt am Main, D-60323
Germany
0049 69 71034781 (Phone)
0049 69 798-34405 (Fax)

HOME PAGE: http://www.jura.uni-frankfurt.de/ifawz1/teubner/

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