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Legal Rationalities and Communicative Structures |
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Abstract:
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The paper departs from the Swedish empirical results from the PARADYS (Participation and the Dynamics of Social Positioning) research program. The PARADYS study concerned citizen participation in the licensing procedure for genetically modified plants. The study departed from the idea that citizenship is communicatively achieved and that legal administrative procedure matters for this kind of citizenship. The PARADYS study resulted in certain social positions (like Administrator or Scientist) and certain dynamics (e.g. inclusive and exclusive). In this paper, an analysis of the relation of those results and the legal design making up the procedure is made. The question is if and how certain legal rationalities have implications for the communicative structures here interpreted as social positions and their dynamics. Part one of the paper analyses the Swedish legal framework in terms of legal rationalities (formal, substantial and reflexive law). Part two presents the social positions and their dynamics resulting from two cases. Finally, in part three an integrative analysis is made. The paper suggests that there are connections between different legal rationalities and the social positions emerging from the empirical manifestations of these rationalities. |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| Baier, Matthias. "Legal Rationalities and Communicative Structures" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany, Jul 25, 2007 <Not Available>. 2013-05-08 <http://citation.allacademic.com/meta/p188533_index.html> |
APA Citation:
| Baier, M. , 2007-07-25 "Legal Rationalities and Communicative Structures" Paper presented at the annual meeting of the The Law and Society Association, TBA, Berlin, Germany <Not Available>. 2013-05-08 from http://citation.allacademic.com/meta/p188533_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: The paper departs from the Swedish empirical results from the PARADYS (Participation and the Dynamics of Social Positioning) research program. The PARADYS study concerned citizen participation in the licensing procedure for genetically modified plants. The study departed from the idea that citizenship is communicatively achieved and that legal administrative procedure matters for this kind of citizenship. The PARADYS study resulted in certain social positions (like Administrator or Scientist) and certain dynamics (e.g. inclusive and exclusive). In this paper, an analysis of the relation of those results and the legal design making up the procedure is made. The question is if and how certain legal rationalities have implications for the communicative structures here interpreted as social positions and their dynamics. Part one of the paper analyses the Swedish legal framework in terms of legal rationalities (formal, substantial and reflexive law). Part two presents the social positions and their dynamics resulting from two cases. Finally, in part three an integrative analysis is made. The paper suggests that there are connections between different legal rationalities and the social positions emerging from the empirical manifestations of these rationalities. |
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