A Framework Theory for Legal Design - TiLD Law Journal Publication
After more than a year of work we have finally our journal paper published. "A Framework Theory of LegalDesign for the Emergence of Change in the Digital Legal Society" – by our co-founders Joaquín Santuber & Lina Krawietz together with Dr. Jonathan Antonio Edelman and Babajide Owoyele. A first version of this paper was presented at the workshop “Legal Design as Academic Discipline: Foundations, Methodology, Applications” co-located with the conference 2018 in Groningen – the 31st international conference on Legal Knowledge and Information Systems. We're very honored to now have our contribution published in RECHTSTHEORIE, an internationally recognized journal for "Logic and Legal Methodology, General Theory of Law and State, Communications, Norms and Action Theory, Sociology and Philosophy of Law".
The paper proposes a framework theory for the practice of legal design based in systems theory. In particular, it takes the concept of autopoiesis and social systems theory to explain the emergence of change in the digital society. It conceptualizes this emergence b the coupling of there systems: legal social sub-system, psychic systems, and creative systems. The constant interaction between them enables change and the redefinition of each system. Through this lens, we can make sense of change and innovation in a society that is shaped by digitalization. However, the emergence of change does not happen autonomously but needs some sort of artifact that supports the coupling between systems. This artifact has been referred to as media that supports coupling. In the paper, we provide the reader with an example of this kind of media that enables innovation in the digital legal society
Download the paper at RECHTSTHEORIE, Vol. 50, no. 1, pp. 41 - 57 (Duncker & Humblot GmbH) here: https://elibrary.duncker-humblot.com/journals/id/30/vol/50/iss/2183/art/12391/
If you cannot access the paper through your academic or commercial subscription, send us an email and we will be happy to send it to you personally.