Niklas Luhmann: 20 years of society. The place of at the same time in the theory of law

Authors

  • Artur Stamford da Silva UFPE - Universidade federal de Pernambuco

DOI:

https://doi.org/10.4013/rechtd.2018.101.03

Abstract

Guided primarily by ideas of cybernetic reflexivity (with Shannon and Weaver’s theory of information, Gotthard Günther’s bivalent logic, Heinz von Foerster’s on observing systems, George Spencer Brown’s theory of two-sided form, and the autopoiesis (evolution theory) by Maturana and Varela), Niklas Luhmann developed his theory of society in eleven books, “Social systems” being the introductory one, published in 1984, and the book Society of society, published in 2007, is the “last” part. With the objective of honoring the author due to the application of his theory to think Latin America, we describe the effects of Luhmann’s social theory on topics such as legal science, legal norm, legal validity and legal hermeneutics (legal decision). To do this, we explore the primary literature and its critics, as well as we collect Latin American authors that use this theory in this research, and for such, we introduced the terms “Luhmann” + the name of each of the twenty Latin American countries.

Keywords: system theory, Niklas Luhmann, theory of society.

Author Biography

Artur Stamford da Silva, UFPE - Universidade federal de Pernambuco

Doutor em Direito pela UFPE (2002). Pós-doutor em Teoria dos Sistemas (2015 - Chile). Bolsista de Produtividade pelo CNPq. Pesquisador na área de sociolgoia do direito.

Published

2018-04-11