Theorization and Modelling of Law
This paper is part of a larger project-a theory of Law- which purports to use concepts of systems theory, complexity and cybernetics in order to create models of legal behavior that can be subject to computer simulation and modeling, thus making theory and practice more relatable to each other. Beca...
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| Format: | Article |
| Language: | deu |
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Ancilla Iuris
2015-12-01
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| Series: | Ancilla Iuris |
| Online Access: | http://anci.ch/articles/ancilla2015_155_mancilla.pdf |
| _version_ | 1819122675366232064 |
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| author | Roberto Mancilla |
| author_facet | Roberto Mancilla |
| author_sort | Roberto Mancilla |
| collection | DOAJ |
| description | This paper is part of a larger project-a theory of Law- which purports to use concepts of systems theory, complexity and cybernetics in order to create models of legal behavior that can be subject to computer simulation and modeling, thus making theory and practice more relatable to each other. Because of space constrains, two models of Law: one on how knowledge about Law, Justice and the Rule of Law is created and circulates and one on what norms are and how they are implemented, along with a brief notion of who are its subjects. These models are applicable on a midrange to macro scale (cities of a certain size, States, confederations of States and onwards), despite the fact that the implementation model can also be used on small scale systems like communities, dyads, triads and so on. The work offered in this study is correlated with the Law and Society approach to legal empiricism and I conclude that theory and practice holds a recursive relation: theory without a practical referent is fiction and practice without theory is blind development; computer modeling is a way to further the complementary relationship that both ought to hold. |
| first_indexed | 2024-12-22T06:56:13Z |
| format | Article |
| id | doaj.art-78802ef353b24fb9b49dd84ed7897031 |
| institution | Directory Open Access Journal |
| issn | 1661-8610 1661-8610 |
| language | deu |
| last_indexed | 2024-12-22T06:56:13Z |
| publishDate | 2015-12-01 |
| publisher | Ancilla Iuris |
| record_format | Article |
| series | Ancilla Iuris |
| spelling | doaj.art-78802ef353b24fb9b49dd84ed78970312022-12-21T18:34:56ZdeuAncilla IurisAncilla Iuris1661-86101661-86102015-12-01155180Theorization and Modelling of LawRoberto MancillaThis paper is part of a larger project-a theory of Law- which purports to use concepts of systems theory, complexity and cybernetics in order to create models of legal behavior that can be subject to computer simulation and modeling, thus making theory and practice more relatable to each other. Because of space constrains, two models of Law: one on how knowledge about Law, Justice and the Rule of Law is created and circulates and one on what norms are and how they are implemented, along with a brief notion of who are its subjects. These models are applicable on a midrange to macro scale (cities of a certain size, States, confederations of States and onwards), despite the fact that the implementation model can also be used on small scale systems like communities, dyads, triads and so on. The work offered in this study is correlated with the Law and Society approach to legal empiricism and I conclude that theory and practice holds a recursive relation: theory without a practical referent is fiction and practice without theory is blind development; computer modeling is a way to further the complementary relationship that both ought to hold.http://anci.ch/articles/ancilla2015_155_mancilla.pdf |
| spellingShingle | Roberto Mancilla Theorization and Modelling of Law Ancilla Iuris |
| title | Theorization and Modelling of Law |
| title_full | Theorization and Modelling of Law |
| title_fullStr | Theorization and Modelling of Law |
| title_full_unstemmed | Theorization and Modelling of Law |
| title_short | Theorization and Modelling of Law |
| title_sort | theorization and modelling of law |
| url | http://anci.ch/articles/ancilla2015_155_mancilla.pdf |
| work_keys_str_mv | AT robertomancilla theorizationandmodellingoflaw |