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A Framework Theory of Legal Design for the Emergence of Change in the Digital Legal Society

Santuber, Joaquín

Rechtstheorie, Vol. 50 (2019), Iss. 1: pp. 41–58

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Joaquín Santuber, Lina Krawietz, Babajide Owoyele, Jonathan A. Edelman, Berlin/Potsdam

Abstract translated

In this paper, we propose a new approach to Legal Design. Such an integrative conceptual approach is necessary to address the complexity of the legal system and its multidimensional challenges through several sense making lenses and explanatory frameworks. as society moves from consumption and recently communication into digitalization. As a multi-lens approach, a Legal Design framework theory may leverage from different disciplines in order to propose a robust theoretical foundation that helps to make sense of the experience and practice of Legal Design. In order to foster the academic discussion, we propose some theories from which a framework theory could be built on namely (i) autopoietic systems from Maturana and Varela1 (ii) social systems theory from Luhmann (iii) autoreferential systems theory by Iba and (iv) Design theory by McKim.

Table of Contents

Section Title Page Action Price
Joaquín Santuber: A Framework Theory of Legal Design for the Emergence of Change in the Digital Legal Society 41
I. Introduction 41
II. The Need for a Framework Theory for Law and Society 42
III. The Digital Legal Society 43
IV. The Need for a Framework Theory of Legal Design 44
V. A Framework Theory of Theories – The Raw Material 46
1. Autopoietic systems theory 46
2. Luhmann’s autopoietic social systems theory 47
3. Iba’s autopoietic creative systems theory 48
4. Design Theory 48
VI. Legal Communications Design 48
VII. Legal Design as a Network of Systems 41
VIII. Constructive Legal Design 41
IX. Media to Support the Structural Coupling of Systems 41
X. Media for Legal Design – the Dimensions of Engagement Model 41
XI. Limitations 41