Resilience Thinking: Emergence, Conceptualisations, and Applicability in Social Systems and Law

Goto, Erik and Lőrincz, Viktor Olivér (2024) Resilience Thinking: Emergence, Conceptualisations, and Applicability in Social Systems and Law. In: The Resilience of the Hungarian Legal System since 2010. A Failed Resilience? European Union and its Neighbours in a Globalized World (5). Springer Nature, Wien, pp. 209-224. ISBN 9783031704505; 9783031704536; 9783031704512

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Abstract

This chapter delves into the origin of ‘resilience thinking’ and how it evolved from ecology to be used in social sciences. While widely used, resilience lacks a unified definition, manifesting differently within disciplines. Resilience theory has evolved into a tool for analysing complex interactions in socio-ecological systems, and such an interdisciplinary approach calls for complex systems thinking. However, its application in social sciences faces challenges due to conceptual ambiguities, normative assumptions, and difficulties defining system boundaries. Despite these challenges, the paper suggests that resilience thinking could serve as a bridging concept, fostering interdisciplinary research and prompting critical reflections on societal dynamics. We also discuss the applicability of resilience theory and resilience models to the law as a complex system, presenting its notable limitations, analysing the possible advantages of the use of resilience as a scientific research programme, and emphasising the dangers of using it as a metaphor. Using the transfer of property as an example, we propose an alternative model of system response by the law in relation to external stimuli based on Jean Piaget’s theory of adaptation.

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