Immunological Theory of Law

The present work aims to address the adequacy of Luhmann s (and others like Teubner) systemic approach to describe the legal order of so-called "peripheral" (democratic) states under the present post-modern historical conditions, that evolves to a growing globalization of (post-industrial) world society. In the background we may found the major question about what kind of relationship has such an approach in socio-legal studies to a critical one, especially that of so-called poststructuralists such as Deleuze and Derrida. We are to try to go beyond those efforts although having them as requisites. In order to do so we begin with a depiction of the legal order's general features in the society we live in worldwide nowadays, as well as a sketch of the evolutionist theory of autopoietic social systems, to end up with an appraisal of a paradigm shift towards an immunological approach as it has being discussed in the Humanities by authors like Roberto Esposito and also by others from different fields of research.

Autorentext

Full Professor, Law School at the Federal University of State Rio de Janeiro Private Docent in Legal Philosophy in the Federal University of Ceará (Brazil)Dr. jur. (Bielefeld University, Germany)Dr. phil. and Post-Ph.D. (Federal University of Rio de Janeiro)LL.M., Head of Research on Human Rights in the Pontifical Catholic University São Paulo

Klappentext

The present work aims to address the adequacy of Luhmann s (and others like Teubner) systemic approach to describe the legal order of so-called "peripheral" (democratic) states under the present post-modern historical conditions, that evolves to a growing globalization of (post-industrial) world society. In the background we may found the major question about what kind of relationship has such an approach in socio-legal studies to a critical one, especially that of so-called poststructuralists such as Deleuze and Derrida. We are to try to go beyond those efforts although having them as requisites. In order to do so we begin with a depiction of the legal order's general features in the society we live in worldwide nowadays, as well as a sketch of the evolutionist theory of autopoietic social systems, to end up with an appraisal of a paradigm shift towards an immunological approach as it has being discussed in the Humanities by authors like Roberto Esposito and also by others from different fields of research.