|
|
Article: Complexity theory, adaptation, and administrative law.
- Article from:
- Duke Law Journal
- Article date:
- February 1, 2005
- Author:
CopyrightCOPYRIGHT 2005 Duke University, School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
ABSTRACT
Recently, commentators have applied insights from complexity theory to legal analysis generally and to administrative law in particular. This Article focuses on one of the central problems that complexity theory addresses, the importance and mechanisms of adaptation within complex systems. In Part I, the Article uses three features of complex adaptive systems--emergence from self-assembly, nonlinearity, and sensitivity to initial conditions--and explores the extent to which they may add value as a matter of positive analysis to the understanding of change within legal systems. In Part II, the Article focuses on three normative claims in public law ...