Details

Autor(en) / Beteiligte

• Blankenburg, Erhard

Titel

The Poverty of Evolutionism: A Critique of Teubner's Case for "Reflexive Law"

Ist Teil von

• Law & society review, 1984-01, Vol.18 (2), p.273-289

Ort / Verlag

Beverly Hills, Calif: Law and Society Association

Erscheinungsjahr

1984

Quelle

Worldwide Political Science Abstracts

Beschreibungen/Notizen

• The concept of "reflexive law" contains two mutually contradictory elements: a doctrine of legal restraint and the notion that restraint can be achieved by procedural rather than substantive regulation. This critique argues that new procedures have historically not replaced substantive regulation but instead have repeatedly introduced more substantive and more formal regulations. Teubner's thesis that "reflexive law" manifests an "evolutionary tendency" is refuted, just as is the claim that his thesis could be inferred from sociological theories such as those of Luhmann or Habermas. As is so often the case in legal theory, "evolutionism" is used as a mask for the legitimation of presumably "progressive" legal ideas.