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Legal Risks as Transitory Risks: Cognitive Expectations Referring and Not Referring to the Legal System's Environment

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Abstract:

The discussion about a methodology of legal decision making is mostly one about how to construct and justify normative expectations. These normative expectations are,with the exception of procedural law, focused on the environment of the legal system, e.g. on the family in family law, on the economy in commercial law.

This paper tries to analyze the second aspect of second order observation within the legal system, that is the construction of and argument about cognitive expectations in the form of legal risks ( including chance ).These legal risks are. unlike e.g. political and economic risks , transitory risks. The risk assessment ( e.g. by law firms or lower courts ) is done both inside the functional system (assessing what the product of a legal decision making process look like ? ) and outside it (assessing what will be the, inter alia , political or economic outcomes , i.e.how resources will be changed by the product of the legal process? ) ‘Legal products’, with minor exceptions , do not affect any legal resources but constitute transitory risks to be judged after the event from politics , the economy and in other environments of the legal system.

The THEORETICAL question will be: How can the analysis of legal risks be integrated into a Luhmann-like theory that, unlike a Bourdieu-like one , does not focus on resources ( What is at stake? Bourdieu: forms of capital ?) when constructing functional spheres of the social .

The EMPIRICAL questions will result in one hypothesis and a multi case-study to test it.
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Name: The Law and Society Association
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MLA Citation:

Dammann, Klaus. "Legal Risks as Transitory Risks: Cognitive Expectations Referring and Not Referring to the Legal System's Environment" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-12-15 <http://citation.allacademic.com/meta/p185722_index.html>

APA Citation:

Dammann, K. , 2007-07-25 "Legal Risks as Transitory Risks: Cognitive Expectations Referring and Not Referring to the Legal System's Environment" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-12-15 from http://citation.allacademic.com/meta/p185722_index.html

Publication Type: Conference Paper/Unpublished Manuscript
Abstract: The discussion about a methodology of legal decision making is mostly one about how to construct and justify normative expectations. These normative expectations are,with the exception of procedural law, focused on the environment of the legal system, e.g. on the family in family law, on the economy in commercial law.

This paper tries to analyze the second aspect of second order observation within the legal system, that is the construction of and argument about cognitive expectations in the form of legal risks ( including chance ).These legal risks are. unlike e.g. political and economic risks , transitory risks. The risk assessment ( e.g. by law firms or lower courts ) is done both inside the functional system (assessing what the product of a legal decision making process look like ? ) and outside it (assessing what will be the, inter alia , political or economic outcomes , i.e.how resources will be changed by the product of the legal process? ) ‘Legal products’, with minor exceptions , do not affect any legal resources but constitute transitory risks to be judged after the event from politics , the economy and in other environments of the legal system.

The THEORETICAL question will be: How can the analysis of legal risks be integrated into a Luhmann-like theory that, unlike a Bourdieu-like one , does not focus on resources ( What is at stake? Bourdieu: forms of capital ?) when constructing functional spheres of the social .

The EMPIRICAL questions will result in one hypothesis and a multi case-study to test it.

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