Law as an authopoietic system: Contributions for the sociology of law

Abstract

The present work intends to analize the juridical phenomenon, from the standpoint of the complexity approach to law, by means of a clearly defined theoretical framework, which is that of the theory of autopoietic systems, as proposed by Niklas Luhmann. The first part of the work a brief reference to the Theory of Society proposed by Luhmann is made, in order to present the conceptual network that is its foundation, as well as its novelty in the field of Sociology. Furthermore, the concepts presented are transposed to the juridical system. Right is approached, in the present work, as the positive right of modern society, whose analysis is achieved through functional-structuralism, landmark in the theoretical framework of the author studied. The aim is to point out, in a conclusive manner, a concept of society as a system and its differentiations, in order to reach a conception of law as an autopoietic system, and as an evolutionary acquisition of modern society.