Dilemmas of Law in the Welfare State 1st editon by Gunther Teubner 3110104954 978-3110104950

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ISBN 10: 3110104954
ISBN 13: 978-3110104950
Author: Gunther Teubner

This book focuses on the relationship between the welfare state & juridification. Discussions include the emergence of the welfare state & its influence on the laws structure & function, how the juridification of the social sphere is connected to the political instrumentalization of the law, & the emergence of the post interventionist law.

Dilemmas of Law in the Welfare State 1st Table of contents:

Part I: Introduction

• The Transformation of Law in the Welfare State
  Gunther Teubner
  Introduces the core theme of the book, exploring how welfare state ideologies have reshaped legal principles and practices.

Part II: The Welfare State and Its Impact on Law

1. Legal Culture and the Welfare State
   Lawrence M. Friedman
   Investigates how the welfare state has influenced legal norms, values, and institutions.

2. The Rule of Law and the Promotional Function of Law in the Welfare State
   Vilhelm Aubert
   Discusses the dual role of law in enforcing order and promoting welfare policies.

3. A Concept of Social Law
   François Ewald
   Explores the development of social law as a distinct legal category within welfare states.

4. Legal Subjectivity as a Precondition for the Intertwinement of Law and the Welfare State
   Jan M. Broekman
   Examines the emergence of legal subjectivity as central to integrating legal systems with welfare structures.

Part III: Dilemmas of Law in the Welfare State

5. The Self-Reproduction of Law and Its Limits
   Niklas Luhmann
   Analyzes the mechanisms by which law evolves within the welfare state and the constraints it faces.

6. The Rules of the Game in the Welfare State
   Alberto Febbrajo
   Explores the dynamic interplay between formal legal rules and the socio-political objectives of welfare states.

7. The Concept of Rights and the Welfare State
   Ulrich K. Preuss
   Investigates the transformation of individual rights in the context of welfare provision.

8. Legal Discourse in the Positive State: A Post-Structuralist Account
   Thomas C. Heller
   Provides a critical, post-structuralist perspective on the nature of legal discourse in welfare-oriented states.

Part IV: Perspectives of Legal Development

9. Law as Medium and Law as Institution
   Jürgen Habermas
   Delves into the dual role of law as both a medium of communication and a stabilizing institution.

10. Materialization and Proceduralization in Modern Law
    Rudolf Wiethölter
    Discusses trends in the evolution of law, focusing on shifts towards materialization and proceduralization.

11. Law as Critical Discussion
    Antonie A. G. Peters
    Proposes a vision of law as an ongoing dialogue that fosters critical reflection and societal adaptation.

12. Three Types of Legal Structure: The Conditional, the Purposive, and the Relational Program
    Helmut Willke
    Outlines three frameworks for understanding legal structures in welfare states.

13. After Legal Instrumentalism? Strategic Models of Post-Regulatory Law
    Gunther Teubner
    Explores emerging legal strategies that transcend traditional instrumentalist approaches, emphasizing adaptability and complexity.

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