Are there case examples, or principles of systems thinking that apply to the study of law?
The answer is invariably yes, but it is also quite sparse and there is certainly room for a great deal of work in this area. The basic idea is that law is predominantly based on a bivalent form of logic and systems thinking is based on a multivalent form of logic. DSRP is a form of multivalent logic that allows for (inside of it) bivalent logic.
- One of the main areas of application is in the foundational logic of law (which leans heavily toward the binary/bivalent) and systems thinking (which is multivalent)
- Read the "The Irony of Law." The Distinction between the "letter of the law" and the "practice of the law."
- A great deal of work remains to be done regarding systems thinking and the law. One area of interest is in the interpretation of law and the construction of meaning. In this area especially, DSRP Theory could significantly transform the space. See for example work already published in this area that could be informed and clarified using DSRP Theory in Interpretation, Law and the Construction of Meaning.
- Also take a look at the Systems X paper for a more in depth look at what the Law—a discipline— would look like if viewed through the lens of Systems Thinking to form a new field such as "Systems Law."
- Making precise legal or scientific distinctions requires an ecological view. See examples
- Distinguishing COVID-19 blog
- Words Matter: Mental Models and Mass Killings: this case explores the distinctions made, relationships and systems identified, and perspectives taken in popular and academic discourse with respect to the increase of mass killings in the United States.
- Regulating the Restroom: The Clash of Distinctions and Perspectives: this case explores the distinctions made and perspectives taken with respect to the growing national debate around gender identification and bathroom choice.
- Legal scholar, Arturo Castellanos Canales, argues for the rights of Shosics (a new legal distinction) Arturo developed using DSRP Method in: Arturo Castellanos Canales (May 2020). THE RIGHT OF SUFFRAGE OF SHOSICS (NONCITIZENS) IN THE UNITED STATES. Dissertation: Doctor of the Science of Law (J.S.D.). Cornell University. Ithaca, NY. See pages 17-20.
- Check out a systems-based model of justice that Dr. Cabrera helped to develop. This model can be used in justice systems, courts, etc but also schools. BARJ Model of Restorative Justice