Contigency and positive rights: the paradow of law in modern times

Abstract

This paper aims on presenting a theoretical-social reflection on legal positivism as a paradigm through a theoretical matrix that restricts and interferes on scientific productions about the legal system in modern times. Such pledge begins considering that the positive rights differ and are structured on modernity, with a system that aims on solving the extreme contingency of a complex society as the modern one. So, it is important to manage and “control” the world of fact contingency and this helps law to neutralize such complexity inside the own system. This evolution at law reflects on theories about law, ending in a drastic break of law science or legal doctrinaire full of valuable principles for law. However, this attempt also produces a paradox, which is: the ruling of life (selection) leads, necessarily, to exclusion of other possibilities. Observing Luhmann’s sociological theory and according to closed conclusions, this paper tries to discuss this paradox of modern law.