Abstract
The theoretical goal of this paper is the development of the connection between politics and law within the model of the complex system especially in the perspective of Niklas Luhmann, in a viewpoint linked with the economic analysis of law. The aim is to describe the differences that truly make the difference in the setting problem of policy or legal decisions more formalized by the subject with their values instead of in a system. Therefore, the vision of Joseph A. Schumpeter about the politics as a kind of market, a sub-kind market where votes are sold and bought it is very important and strategic as a bridge between the macro-systemic and the economic analysis of law becomes even more positive, artificial and global: the more is the scenario, the weaker is the function of the human subject in the decisional process, this also provides a report of the changes in the very idea of citizen in global scenarios, which is the Hypercitizenship.
Highlights
The theoretical goal of this paper is the development of the connection between politics and law within the model of the complex system especially in the perspective of Niklas Luhmann, in a viewpoint linked with the economic analysis of law
Schumpeter about the politics as a kind of market, a sub-kind market where votes are sold and bought it is very important and strategic as a bridge between the macrosystemic and the economic analysis of law becomes even more positive, artificial and global: the more is the scenario, the weaker is the function of the human subject in the decisional process, this provides a report of the changes in the very idea of citizen in global scenarios, which is the Hypercitizenship
The theoretical goal of this paper is to describe the conceptual, epistemological and strategic link between law meant systemic communication of valid legal decisions and politics meant as the noisy black box which hosts all the hidden and undercover fights behind the scenes often manipulating the media representation of the political matter within the epistemological frame of complex system theory
Summary
The theoretical goal of this paper is the development of the connection between politics and law within the model of the complex system especially in the perspective of Niklas Luhmann, in a viewpoint linked with the economic analysis of law. Schumpeter about the politics as a kind of market, a sub-kind market where votes are sold and bought it is very important and strategic as a bridge between the macrosystemic and the economic analysis of law becomes even more positive, artificial and global: the more is the scenario, the weaker is the function of the human subject in the decisional process, this provides a report of the changes in the very idea of citizen in global scenarios, which is the Hypercitizenship. Reframing the link between politics and law within the link between Law & Economics (L&E) and Complex System Approach (Laszlo, 2007) is the theoretical focus and aim of this paper This focus is investigated through the exemplary case of the reform of the educational system at its higher ranks shaped by a structural coupling of law and politics both rationalized by the L&E toolkit. The radical variant is nowadays the most noise and least effective: the example of Sintagma Square is clear and evident
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