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  1. Deconstruction and Translation Research.Yifeng Sun - 2018 - Derrida Today 11 (1):22-36.
    Deconstruction is decidedly unsettling in that it destabilizes the otherwise comfortably assumed understanding of the nature of translation. What is also controversial is that it may make translation impossible, considering that it explicitly acknowledges the impossibility of translation. Yet Derrida emphasizes the necessity of translation as well, thus foregrounding the need to negotiate with the non-negotiable, and for this reason, to translate the untranslatable. Deconstruction captures and elucidates the complexity of translation in relation to the variability and complexity of its (...)
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  • Philosophy in Law? A Legal‐Philosophical Inquiry.Michel Rosenfeld - 2014 - Ratio Juris 27 (1):1-20.
    Going beyond the debate between positivists and proponents of natural law, there is a controversy over whether there can or ought to be “philosophy in law” (i.e., whether anything within the subject‐matter of philosophy can also become part of the subject‐matter of law). According to Luhmann's autopoietic theory, law is a normatively closed system and accordingly remains completely independent from philosophy. Dworkin, on the other hand, asserts that constitutional law depends for its coherence and integrity on being encompassed within a (...)
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  • Legal Argumentation and Justice in Luhmann’s System Theory of Law.Francesco Belvisi - 2014 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 27 (2):341-357.
    The paper reconstructs Luhmann’s conception of legal argumentation and justice especially focussing on the aspects of contingency and self-referring operative closure. The aim of his conception is to describe/explain in a disenchanted way—from an external, of “second order” point of view—the work on adjudication, which, rather idealistically, lawyers and judges present as being a matter of reason. As a consequence of some surface similarities with Derrida’s deconstructive philosophy of justice, Teubner proposes integrating the supposed reductive image of formal justice described (...)
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  • A theory of legislation from a systems perspective.Peter Harrison - unknown
    In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates. The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a (...)
     
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