En systemteoretisk analyse af retssystemets håndtering af singulær lovgivning. : Et studie med udgangspunkt i Tvind-dommen
(2020) In Retfærd: Nordisk juridisk tidsskrift 1(164). p.43-57- Abstract
- The paper takes up a well-known constitutional subject concerning the limitations of private bills by reformulating the problem in system theoretical terms. This move allows for examining how the law as a social system carries through the task of establishing distinctions between legal/illegal in a situation where there is no precedence in the form of prior court decisions. After a short introduction to Niklas Luhman’s theory about Law as an autopoietic system, including a comparison with Jürgen Habermas’ discourse theory of the law, the analysis proceeds to the only case in which the Danish Supreme Court has ruled against a parliamentary statute, the so-called Tvind-verdict. When analyzing the verdict and its reception in legal theory,... (More)
- The paper takes up a well-known constitutional subject concerning the limitations of private bills by reformulating the problem in system theoretical terms. This move allows for examining how the law as a social system carries through the task of establishing distinctions between legal/illegal in a situation where there is no precedence in the form of prior court decisions. After a short introduction to Niklas Luhman’s theory about Law as an autopoietic system, including a comparison with Jürgen Habermas’ discourse theory of the law, the analysis proceeds to the only case in which the Danish Supreme Court has ruled against a parliamentary statute, the so-called Tvind-verdict. When analyzing the verdict and its reception in legal theory, the thesis points to how the court through a line of paradoxical arguments recursively construct the foundation for its decision. While remaining unobserved, these paradoxes through their reception in legal theory becomes subject to de-paradoxification and by this the theoretical self-description of the law contributes to improving the conditions for the autopoiesis of the legal system. (Less)
Please use this url to cite or link to this publication:
https://lup.lub.lu.se/record/203367df-69b7-411a-81ff-24441c7b5c6c
- author
- Merkelsen, Henrik LU
- organization
- alternative title
- A systems theoretical analysis of how the legal system deals with private bills. : A study of the Tvind-verdict.
- publishing date
- 2020-06-01
- type
- Contribution to journal
- publication status
- published
- subject
- keywords
- Private bills, Sociology of law, systems theory, paradoxes, Niklas Luhmann, Jürgen Habermas
- in
- Retfærd: Nordisk juridisk tidsskrift
- volume
- 1
- issue
- 164
- pages
- 15 pages
- publisher
- DJØF Forlag
- ISSN
- 0105-1121
- language
- Danish
- LU publication?
- yes
- id
- 203367df-69b7-411a-81ff-24441c7b5c6c
- date added to LUP
- 2020-06-15 11:00:37
- date last changed
- 2020-06-15 14:24:01
@article{203367df-69b7-411a-81ff-24441c7b5c6c,
abstract = {{The paper takes up a well-known constitutional subject concerning the limitations of private bills by reformulating the problem in system theoretical terms. This move allows for examining how the law as a social system carries through the task of establishing distinctions between legal/illegal in a situation where there is no precedence in the form of prior court decisions. After a short introduction to Niklas Luhman’s theory about Law as an autopoietic system, including a comparison with Jürgen Habermas’ discourse theory of the law, the analysis proceeds to the only case in which the Danish Supreme Court has ruled against a parliamentary statute, the so-called Tvind-verdict. When analyzing the verdict and its reception in legal theory, the thesis points to how the court through a line of paradoxical arguments recursively construct the foundation for its decision. While remaining unobserved, these paradoxes through their reception in legal theory becomes subject to de-paradoxification and by this the theoretical self-description of the law contributes to improving the conditions for the autopoiesis of the legal system.}},
author = {{Merkelsen, Henrik}},
issn = {{0105-1121}},
keywords = {{Private bills; Sociology of law; systems theory; paradoxes; Niklas Luhmann; Jürgen Habermas}},
language = {{dan}},
month = {{06}},
number = {{164}},
pages = {{43--57}},
publisher = {{DJØF Forlag}},
series = {{Retfærd: Nordisk juridisk tidsskrift}},
title = {{En systemteoretisk analyse af retssystemets håndtering af singulær lovgivning. : Et studie med udgangspunkt i Tvind-dommen}},
volume = {{1}},
year = {{2020}},
}