Niklas Luhmann's social theory stands in direct opposition to the dominant 'anthropocentric' traditions of legal and political analysis. King and Thornhill now offer the first comprehensive, critical examination of Luhmann's highly original theory of the operations of the legal and political systems. They describe how from the perspective of his 'sociological enlightenment' Luhmann continually calls to account the certainties, the ambitions and rational foundations of The Enlightenment and the idealized versions of law and politics which they have produced.

This is the first book to consider German sociologist Niklas Luhmann's social theory in a critical legal context. His theory is introduced here both in terms of society at large and the legal system specifically, and the book reveals the aporetic structure of autopoiesis, aligning it with postmodern approaches to law. Readers will find it operates both as an introduction to the relevance of Luhmann's social theory for law, as well as a critical response to autopoiesis.

Niklas Luhmann is recognised as a major social theorist, and his treatise on the sociology of law is a classic text. For Luhmann, law provides the framework of the state, lawyers are the main human resource for the state, and legal theory provides the most suitable base from which to theorize on the nature of society. He explores the concept of law in the light of a general theory of social systems, showing the important part law plays in resolving fundamental problems a society may face. He then goes on to discuss in detail how modern 'positive' – as opposed to ‘natural’ – law comes to fulfil this function. The work as a whole is not only a contribution to legal sociology, but a major work in social theory. With a revised translation, and a new introduction by Martin Albrow.

This incisive book delineates the development of Law and Religion as a sub-discipline, critically reflecting on the author’s own role in constructing the field. It develops a subversive social systems theory in order to take both law and religion seriously and to challenge them equally.

This book examines the interpretation of the risk-based approach (RBA) and its application across the banking industry. It explores the ways conflicting risk interpretation and deconstruction of money laundering risk have unintended consequences across the banking industry. Furthermore, it offers a theoretical framework that can be adopted and implemented by risk practitioners to address money laundering (ML) risks. The interpretation and application of the RBA influences the way money laundering risk is perceived, presented, and managed, often resulting in misalignment among stakeholders. Moreover, AML practitioners interpret money laundering (ML) risk as an entity that can be contained, largely in ignorance of the fact that ML risk is self-referential. The book therefore addresses complex inter-system feedback phenomena that lead to de-risking and re-risking, and offers a new ML risk communication framework on this basis. It will be of value to researchers and also to stakeholders within financial institutions, financial intelligence units and regulators in the fight against money laundering.

Following 9/11, increased attention has been given to the place of religion in the public sphere. Across the world, Law and Religion has developed as a sub-discipline and scholars have grappled with the meaning and effect of legal texts upon religion. The questions they ask, however, cannot be answered by reference to Law alone therefore their work has increasingly drawn upon work from other disciplines. This Research Handbook assists by providing introductory but provocative essays from experts on a range of concepts, perspectives and theories from other disciplines, which can be used to further Law and Religion scholarship.

Sovereignty marks the boundary between politics and law. Highlighting the legal context of politics and the political context of law, it thus contributes to the internal dynamics of both political and legal systems. This book comprehends the persistence of sovereignty as a political and juridical concept in the post-sovereign social condition. The tension and paradoxical relationship between the semantics and structures of sovereignty and post-sovereignty are addressed by using the conceptual framework of the autopoietic social systems theory. Using a number of contemporary European examples, developments and paradoxes, the author examines topics of immense interest and importance relating to the concept of sovereignty in a globalising world. The study argues that the modern question of sovereignty permanently oscillating between de iure authority and de facto power cannot be discarded by theories of supranational and transnational globalized law and politics. Criticising quasi-theological conceptualizations of political sovereignty and its juridical form, the study reformulates the concept of sovereignty and its persistence as part of the self-referential communication of the systems of positive law and politics. The book will be of considerable interest to academics and researchers in political, legal and social theory and philosophy.

Focusing on paradoxes and tensions of European legal integration, this book investigates four complex and inherently contradictory processes to offer a new framework for understanding contemporary European integration. The volume features contributions from some of the biggest names in European legal philosophy, to include Neil MacCormick, Yves Dezalay and Bryant Garth, Pierre Legrand, Heikki Mattila and David Nelken.

Perhaps more than any other social theorist in recent history, Niklas Luhmann's work has aroused extreme, and often antagonistic, responses. It has generated controversies about its political implications, its resolute anti-humanism and its ambitious critique of more established definitions of society, social theory and sociology. Now, however, a steadily growing number of scholars working in many different disciplines have begun to use aspects of Luhmann's sociology as an important methodological stimulus and as a theoretical framework for reorientating their studies. This collection of essays includes critical and reconstructive contributions by a number of distinguished social theorists, political theorists, legal scholars and empirical sociologists. Together, they provide evidence of Luhmann's extensive and diverse relevance to the issues facing contemporary society, and, at the same time, they enhance our understanding of the challenges posed by his theoretical paradigm to more traditional conceptions of social theory.

Niklas Luhmann offers an accessible introduction to one of the most important sociologists of our time. It presents the key concepts within Luhmann’s multifaceted theory of modern society, and compares them with the work of other key social theorists such as Jürgen Habermas, Michel Foucault, and Zygmunt Bauman. The book pays particular attention to introducing and discussing Luhmann’s original sociological systems theory. It presents a thorough investigation into the different phases of his oeuvre, through which both the shifting emphases as well as the continuities in his thinking are shown. The primary focus of this text is Luhmann’s theory of modern society as being differentiated into a plethora of ‘function systems’ – such as politics, law, and economy – which operate according to their own distinct logics and which cannot interfere with one another. For Luhmann, this functional differentiation works as a bulwark against totalitarian rule, and as such is a key foundation of modern democracy. Furthermore, the book critically examines the implications of this functional differentiation for inclusion and exclusion dynamics, as well as for the understanding of power and politics. This is a key text for both undergraduate and postgraduate students of areas including contemporary social theory, political sociology, and sociology.