UNIVERSITAT DE BARCELONA (SPAIN), 1992
LAW (0398); SOCIOLOGY, THEORY AND METHODS (0344)
This work, as its title points out, deals with the work of Niklas Luhmann, a
German contemporary
sociologist, and especially it talks about his works in the subject of Sociology
of Law. In the first part the
work exposes the Theory of Society worked out by Luhmann with the help of three
subtheories: a
Systems Theory, an Evolutionary Theory and a Communication Theory. Really, these
are not exactly
three autonomous theories but three different approaches or ways of analysing
the society, conceived
by Luhmann as a system. The internal difference of the society is a product
of the evolution and, in the
modern society, the subsystems functionally different in their bosom organize
their closure following the
model of the global system. The structure of this chapter tries to give an account
of the theoretical
division above mentioned and, at the same time, it tries to integrate the modifications
experienced by the
author in the eighties and, above all, the introduction of the 'autopoitic'
paradigm in Systems Theory and
the adoption of the 'communication' as the basic element of the social systems.
The second chapter
deals specifically with the analysis of law and is structured in a parallel
way to the first one. In this chapter is
first analysed the concept of 'expectation' and the function assigned to the
legal subsystem. Secondly,
this chapter exposes the Luhmannian concept of 'positive law' that characterises
the validity of law in the
modern society. The last part talks about law as a closed social subsystem which
uses its own 'code' to
organize its closure and which opens itself out to a social surrounding and
to other subsystems by means
of its own programmes, and legal norms. This is predominantly a work of exposition
in which the biggest
contribution would be the realignment of Luhmann's complex thought, emphasising
the difficulties that
would come up when realizing an external critic, and providing some keys to
read his work.
Social
Systems Simulation Group
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