Law and technology regularly conflict. The reasons for this are several and complex. Some conflicts are trivial and straightforwardly resolvable. Others, such as the creation of artificial minds, are not. History indicates that when law and technology conflict; both systems can adapt—often over periods of time—to new social circumstances and continue performing their societal functions. Simply: law and technology co-evolve. However, if the legal system is to retain its autonomous role in society, what are its adaptive limits in the context of profound, and perhaps unprecedented, technological changes? My thesis addresses the question of whether, and if so, to what extent, the legal system can respond to ‘conflicts’ with increasingly complex and legally problematic technological change. It draws on theories of legal and social evolution—particularly the Social Systems Theory (SST) of Niklas Luhmann—to explore the notion of a ‘lag’ in the legal system’s ability to respond to technological changes and ‘shocks’. It evaluates the claim that the legal system’s ‘lagged’ response to technological change is a deficit of its functioning. ‘Lag’ may be both good and bad. It allows the law to be self-referential while also limiting its effectiveness in controlling other sub-systems. Thus there is an implicit intersystemic trade-off. The hypothesis here: ‘lag’ is an endogenous legal advantage that helps to ensure the legal system’s autonomy, as well as the continuity of legal processes that help ameliorate potentially harmful or undesirable outcomes of science and technology on society and the individual. The legal system can adjust to technological change. However, it can only adjust its internal operations, which takes time and is constrained by the need to maintain legal autonomy—or in SST terms—sits autopoiesis. The signs of this adjustment are the conceptual evolution of legal concepts and processes related to new technological changes and risks, among other things. A close reading of Anglo-American legal history and jurisprudence supports this. While legal systems are comparatively inflexible in response to new technologies—due to doctrinal ossification and reliance upon precedent and analogy in legal reasoning—an alternative outcome is possible: the disintegration of the boundary between law and technology and the consequential loss of legal autonomy. The disintegration of this boundary would consequentially reduce society’s capacity to mediate and regulate technological change, thus diminishing the autopoiesis of the legal system. A change of this kind would be signalled by what some identify as the emergence of a technological ordering—or a ‘rule of technology’—displacing and potentially subsuming the rule of law. My thesis evaluates evidence for these two scenarios—the self-renewing capacity of the legal system, on the one hand, or its disintegration in response to technological change, on the other. These opposing scenarios are evaluated using a social ontological study of technology generally, and a case study using Artificial Intelligence (AI) specifically, to identify and predict the co- evolutionary dynamics of the law/technology relationship and assess the extent to which the legal system can shape, and be shaped by, technological change. In assessing this situation, this thesis explores the nature of AI, its benefits and drawbacks, and argues that its proliferation may require a corresponding shift in the fundamental mechanics of law. As AI standardises across industries and social sub-systems, centralised authorities such as government agencies, corporations, and indeed legal systems, may lose the ability to coordinate and regulate the activities of disparate persons through ex post regulatory means. Consequentially, there is a pressing need to understand not just how AI interfaces with existing legal frameworks, but how legal systems must pre-adapt to oncoming, and predominately unexplored, legal challenges. This thesis argues that AI is an autopoietic technology, and that there is thus a corresponding need to understand its intersystemic effects if there is to be an effective societal governance regime for it. This thesis demonstrates that SST provides us with the shared theoretical grammar to start and sustain this dialogue.

Fundação de Amparo à Pesquisa do Estado do Rio de Janeiro / O presente trabalho deseja construir uma perspectiva acerca das tendências dos movimentos e mobilizações sociais organizados na América Latina contemporânea, e as considerações da teoria social aos novos sujeitos sociais emergentes. Para tanto, abordaremos as trajetórias boliviana e argentina, as quais nos informam sobre algumas das principais formas de ação coletiva engendradas após os avanços do neoliberalismo no subcontinente. Ademais, são enfocadas leituras de tal processo, elaboradas por algumas correntes da teoria social contemporânea, as quais contribuem para a formulação de uma interpretação mais próxima ao contexto latino-americano atual. Pretendemos, desta forma, apontar alguns dos principais desafios colocados às Ciências Sociais do subcontinente, a partir da observação de um dos fatores mais significativos para as transformações dos países da região. / This study wants to build a perspective on the trends of movements and social movements organized in contemporary Latin America, and the considerations of social theory to new emerging social subjects. To do so, we discuss the trajectories Bolivian and Argentine, which tell us about some of the main forms of collective action engendered after the development of neoliberalism in the subcontinent. Moreover, they are focused readings of such a process, developed by some currents of contemporary social theory, which contribute to the formulation of an interpretation closer to the Latin American context today. We intend, therefore, to point out some of the main challenges for Social Sciences of the subcontinent, from the observation of one of the most significant factors for the transformation of the region.

Conselho Nacional de Desenvolvimento Científico e Tecnológico / A presente dissertação é uma análise da justificação sociológica dos valores de E.Durkheim. No primeiro capítulo é realizada uma exposição sistemática da teoria da argumentação de Chaïm Perelman e Olbrechts-Tyteca, com os objetivos, por um lado, de apresentar alguns elementos indispensáveis para a análise da argumentação da sociologia durkheimiana e, por outro lado, de formar um repertório que possibilite futuras prospecções com o fim de estabelecer uma lógica sistemática da justificação sociológica dos valores fundada numa teoria da linguagem e do simbolismo. No segundo capítulo é realizada a análise da obra de Durkheim. No primeiro tópico, apresento o contexto sócio-histórico da fundação da sociologia, seus interlocutores, o conflito de valores e o compromisso político-moral do autor. A exposição é feita tendo como referência o que chamo de processo do individualismo, sendo um debate que versava sobre o problema da legitimidade das regras morais e intelectuais num mundo crescentemente individualista em que as antigas formas de autoridade perderam seu valor. São extraídos dessa discussão problemas sistemáticos que se fundam na oposição entre razão e vida. No segundo tópico, passo para a análise do argumento ontológico de Durkheim, apresentando-o por meio de seus raciocínios dialéticos e de suas analogias, que farão com que a concepção de vida adquira centralidade factual e valorativa na sua sociologia. No terceiro tópico, apresento a antropologia durkheimiana, que dará inteligibilidade para a concepção ontológica, permitindo entender a passagem das forças sociais às formas simbólicas. No quarto tópico, mostro como ocorre a formação simbólica do social, o que dará sentido à missão da sociologia, que é entendida como devendo descrever e explicar as diversas formas de autoridade moral. No quinto e último tópico, apresento a concepção durkheimiana de ciência, que será vista como uma ciência viva da vida. Por fim, concluo encaminhando-me em direção a uma abertura simbólica, fazendo um balanço sobre a sociologia durkheimiana e a sua teoria do simbolismo, o que permitirá ramificar a pesquisa para as mais diversas explorações no campo da teoria da linguagem e do simbolismo.

abstract: Coalescence is a distinctive process of village aggregation that creates larger, socially cohesive communities from smaller, scattered villages. This dissertation asks: how do individual and collective social relationships change throughout the process of coalescence, and how might these relationships contribute to the social cohesiveness of a coalescent community? Coalescent communities share characteristics that reveal the relationship between collective action and collective identities in their social dynamics. Collective identity is a shared sense of oneness among members of a group. It can be understood as the product of two processes: categorical and relational identification. Categorical identification is a shared association with a specific category, such as an ethnic group or a religious association. Relational identification is the product of direct, interpersonal interaction. The potential for a group to engage in collective action is linked to the intensity (prominence as compared to other aspects of identity) and scale (social unit and size of group) of categorical and relational identification. Patterns in the intensity and scale of categorical and relational identification are used to trace changing social dynamics through the process of community coalescence. The case study is a sequence of four sites that were successively occupied by the same Ancestral Wendat (Iroquoian) community over a period of 150 years in south-central Ontario. The intensity of categorical identification is assessed by measuring the consistency of decorative styles among pottery vessels. The intensity of relational identification is assessed by measuring production variability among ceramic pots and pipes using microscopic characterization. The analyses reveal a correlation between the intensity and scale of categorical and relational identification and village-scale social cohesion and collective action. Village-scale categorical identification was less intensive during the period of initial aggregation, with a subsequent increase in intensity observed at fully coalesced sites where evidence of social cohesion and village-scale collective action is present. As coalescence progressed, the intensity of relational identification at the village scale decreased. This evidence suggests that changing dynamics of categorical and relational ties among community members were intertwined with the development of social cohesion and the increased potential for village-scale collective action at the culmination of coalescence. / Dissertation/Thesis / Doctoral Dissertation Anthropology 2018

Appeals to practices are common the humanities and social sciences. They hold the potential to explain interesting or compelling similarities, insofar as similarities are distributed within a community or group. Why is it that people who fall under the same category, whether men, women, Americans, baseball players, Buddhists, feminists, white people, or others, have interesting similarities, such as similar beliefs, actions, thoughts, foibles, and failings? One attractive answer is that they engage in the same practices. They do the same things, perhaps as a result of doing things at the same site or setting, or perhaps as a result of being raised in a similar way among members of the same group. In the humanities, appeals to practices often serve as a move to point out diversity among different communities or diversity within the same community. Communities are distinct from one another in part because their members do different things or do things in different ways. The distinct and varied ways in which different communities enact social norms or formulate law, state institutions, and public policy might be explicable in part by the different practices their members are socialized into. Appeals to practices hold the promise of explaining these differences in terms of the different background practices of the groups, cultivated through a kind of cultural isolation or sense of collective identity. In the social sciences, appeals to practices have played a central role in fundamental theorizing and theory building. Appeals to practices in the social sciences are often much more systematic and theoretical, forming the core of the systematic theories of Pierre Bourdieu and Anthony Giddens in Anthropology and Sociology. Practice theory has thus become a growth industry in social scientific investigation, offering the promise of a central object of investigation that explains both unity and difference within and across communities and groups. But it is unclear just what practices are and what role, both ontological and explanatory, that practices are supposed to play. The term `practices' is used to pick out a wide range of things, and its relation to other terms, from `tradition' or `paradigm' to `framework' or `presupposition', is unclear. Practices are posited as ubiquitous, yet they are difficult to isolate and pin down. We are all said to participate in them, but they remain hidden. Their role, whether causal, logical, or hermeneutical, remains mysterious. After locating the historical origins of appeals to practices in the work of Ludwig Wittgenstein and Martin Heidegger, my dissertation uses Stephen Turner's broad and systematic critique of appeals to practices to develop a new type of account. My account is a phenomenological account that treats practices as human doings that show up to people in material and social environments and make themselves available for specific responses in those environments. I argue that a phenomenological account is an effective alternative to accounts that treat practices as either shared objects with properties or shared and implicit presuppositions. I use a phenomenological account of practices to treat important debates in feminist philosophy and the philosophy of the social sciences, particularly debates over pornography's subordination of women and the classification of mental disorders in psychiatry.

This PhD project is undertaken by publication and thus this exegesis offers an explication and linking interpretation of the publications and DVD's listed in section two. The exegesis 'frames-up' what has been an ongoing interpretive inquiry exploring constructive frontline child protection social work undertaken by the author in collaboration with practitioners in Europe, North America and Australasia that has given rise to the publications and DVDs. Taking the lead from Geertz's ideas of interpretive anthropology the aim of this inquiry and publication work is to develop descriptions and theories of practice drawing upon insiders' local knowledges and sense-making of what constitutes good child protection social work. 'The natives' or insiders toward which this interpretive project directs its attention are first and foremost, frontline child protection social workers and wherever possible the child protection service recipients who have experienced the practice of those workers. The publication component of this project is a vital and integrated part of the research process since it is through the writing and production work that the usually overlooked, often deemed 'tacit' knowledges of service delivers and recipients are brought into the formal domain and made accessible to others. / This project is undertaken with transformative intent. The first intent being to distil the wisdom of insiders' knowledges into richly detailed formal accounts of good practice that speaks directly to the practitioner's condition thereby enhancing their professional reflexivity, hope and capacity. The second intent is to provide constructive on-the-ground 'news of difference' for a child protection field that is over-organised by anxiety, worst-case outcomes and an obsession with managers' measures. The exegesis is formulated around the research question, What potential does interpretive social theory have for transforming child protection social work? My conclusion is that while interpretive social theory offers significant epistemological and methodological resources for transforming the practices and orientation of child protection social work, this potential will not be realised until the social work displays renewed ontological commitment and faith in the knowledges and everyday experience of frontline practitioners.

<p>This thesis proposes an alternative perspective to the general neglect of toy materials from deeper analysis in archaeology. Based on a study of selected toy artefacts from the Classical Harappan settlement at Bagasra, Gujarat, it suggests a viable way of approaching the objects when considering them within a theoretical framework highlighting their social aspects. The study agrees with objections in e.g. parts of gender archaeology and research on children in archaeology to the extrapolating from the marginalized child of the West onto past social structures. Departing from revised toy definitions formulated in disciplines outside archaeology, it proceeds with the objects’ toy identifications while rejecting a ‘transforming’ of these into other interpretations. Thus entering a quite unexplored research field, grounded theory is used as working method. As the items indicate a regulated pattern, the opinion on toy artefacts as randomly scattered around becomes questioned. Using among others the <i>capital</i> concept by Bourdieu, the notion of <i>micropower</i> by Foucault and parts of the newly developed ideas of <i>microarchaeology</i>, the toy-role of the artefacts is emphasized as crucial, enabling the items to express diverse social uses in addition to their possible function as children’s (play)things. With this, the notion of the limiting connection of toys to playing children becomes unravelled, opening for a discussion on enlarged dimensions of the toys and a possible re-naming of them as the materialities of next generation. While suggesting the items to indicate various social strategies and structurating practices, the need for traditional boundaries and separated entities successively becomes eliminated. The traditionally stated toy obstacles with cultural loading and elusive distinctions can with this be proposed as constructions, possible to avoid. The toy concept simultaneously emerges as particularly useful in highlighting the notion of change and continuity within the social structure and children’s roles in this.</p>

<p>In the year 2007 the Swedish National Heritage Board released directions for how the contractarchaeology in Sweden should carry out their work. These directions stressed that a differentapproach to the archaeological finds should be used – that would lead to a higher degree ofselection than before. The purpose of this essay is to find the reason why this change indirections occurred, and this is done by a study of the history of the rescue archaeology inSweden. The other purpose of this essay is to examine if the excavation strategies inarchaeological excavation reports from different times, correlates with the general guidingprinciples for the contract archaeology in Sweden of that time.There are several reasons why the change in directions occurred, but it seems as the mainreasons are practical. The handling of archaeological finds is relatively expensive andarchaeological researches of today generally don’t need to take care of all the finds for theinterpretation. Consequently there is no reason to save everything. The study of theexcavation reports show that there is correlation between the excavation techniques used, andthe general guiding principles for the contract archaeology of that time.</p>

This thesis proposes an alternative perspective to the general neglect of toy materials from deeper analysis in archaeology. Based on a study of selected toy artefacts from the Classical Harappan settlement at Bagasra, Gujarat, it suggests a viable way of approaching the objects when considering them within a theoretical framework highlighting their social aspects. The study agrees with objections in e.g. parts of gender archaeology and research on children in archaeology to the extrapolating from the marginalized child of the West onto past social structures. Departing from revised toy definitions formulated in disciplines outside archaeology, it proceeds with the objects’ toy identifications while rejecting a ‘transforming’ of these into other interpretations. Thus entering a quite unexplored research field, grounded theory is used as working method. As the items indicate a regulated pattern, the opinion on toy artefacts as randomly scattered around becomes questioned. Using among others the capital concept by Bourdieu, the notion of micropower by Foucault and parts of the newly developed ideas of microarchaeology, the toy-role of the artefacts is emphasized as crucial, enabling the items to express diverse social uses in addition to their possible function as children’s (play)things. With this, the notion of the limiting connection of toys to playing children becomes unravelled, opening for a discussion on enlarged dimensions of the toys and a possible re-naming of them as the materialities of next generation. While suggesting the items to indicate various social strategies and structurating practices, the need for traditional boundaries and separated entities successively becomes eliminated. The traditionally stated toy obstacles with cultural loading and elusive distinctions can with this be proposed as constructions, possible to avoid. The toy concept simultaneously emerges as particularly useful in highlighting the notion of change and continuity within the social structure and children’s roles in this.

The thesis presented here explores the relevance of the classical works of Emile Durkheim and George Herbert Mead to contemporary postmodern cultural critiques. Postmodern social theory specifically that of Richard Rorty and Jean Baudrillard have come to offer a type of social theory that challenges the notion of the social. This referential problem of the social becomes a striking attack on the epistemology of sociology, which purports to offer scientific knowledge about the human condition as a social process. The theoretical works of Durkheim and Mead especially their respective concepts of the "collective consciousness" and the "generalized other" are offered here as closely related articulations of the core sociological concept of "the social." It is argued that postmodernism, by postulating an excessively precarious social theory, falls short as a theory of society when juxtaposed to the classic sociologies of Durkheim and Mead. However, it is also noted that the transformation of the field of sociology from a primarily textual discourse to a quantitative enterprise increasingly exposes the field of sociology to uniquely postmodern critiques.