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社会系统的法律

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【作者】卢曼,N.

【内容提要】

 

In the classical division of labor between jurisprudence and sociology,jurisprudence is concerned with norms, and sociology, in contrast,with facts. The jurist's task is to interpret norms and apply them. The sociologist may concern himself only with the existing context of the law,with its social conditions and consequences. But this classical view was already out of date, if not anachronistic, even at the time when Hans Kelsen gave it its most precise formulation. "Social-engineering" approaches and the jurisprudence of interests had tied the application oflaw to facts that had not been taken into account in formulating norms……

【关键词】autopoietic systems;social system;the system boundary;self-referential system

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