COMPLEXITY THEORY AS A PARADIGM FOR THE DYNAMICAL LAW-AND-SOCIETY SYSTEM - A WAKE-UP CALL FOR LEGAL REDUCTIONISM AND THE MODERN ADMINISTRATIVE STATE

Authors
Citation
Jb. Ruhl, COMPLEXITY THEORY AS A PARADIGM FOR THE DYNAMICAL LAW-AND-SOCIETY SYSTEM - A WAKE-UP CALL FOR LEGAL REDUCTIONISM AND THE MODERN ADMINISTRATIVE STATE, Duke law journal, 45(5), 1996, pp. 849-928
Citations number
174
Categorie Soggetti
Law
Journal title
ISSN journal
00127086
Volume
45
Issue
5
Year of publication
1996
Pages
849 - 928
Database
ISI
SICI code
0012-7086(1996)45:5<849:CTAAPF>2.0.ZU;2-P
Abstract
Imagine driving in a world with no traffic controls-no Speed limits, n o traffic lights, no stop signs, and no rights to prevent or punish re ckless driving. Now imagine driving in a world brimming with a plethor a of traffic controls-lights at every corner, every street a one-way, speed zones changing by the block, causes of action available to chall enge the slightest of driving inetiquettes. In which world would you r ather drive? In the lawless world-the world of total driver freedom-wo uld you not yearn for some degree of socially imposed management of th e exercise of free will, so that navigating each intersection would no t require negotiations with other motorists? In the world of omniprese nt controls-the world of total social suppression of free will-would y ou not long for the discretion to move about with some self-judgment a nd freedom? Where is the point, balanced between too much and too litt le control of free will, at which individual freedom, third-party righ ts, and social regulation are mutually optimized so as to produce a wo rld of happy drivers moving in an efficient, adaptive flow of traffic? And which measures are the best to adopt in striking that balance? Th ese are questions for the scientific theory of nonlinear dynamical sys tem behavior, and they are the subject of this Article.