Humberto Maturana and Francisco Varela
originally coined the concept of autopoiesis within theoretical biology
to describe the self-reproduction of living cells through
self-reference.[88] This concept was later borrowed, reconstructed in sociological terms, and introduced into the sociology of law by Niklas Luhmann.[89]
Luhmann's systems theory transcends the classical understanding of
object/subject by regarding communication (and not 'action') as the
basic element of any social system. He breaks with traditional systems
theory of Talcott Parsons and descriptions based on cybernetic feedback
loops and structural understandings of self-organisation of the 1960s.
This allows him to work towards devising a solution to the problem of
the humanised 'subject'.[90]
"Perhaps the most challenging idea incorporated in the theory of autopoiesis is that social systems should not be defined in terms of human agency or norms, but of communications. Communication is in turn the unity of utterance, information and understanding and constitutes social systems by recursively reproducing communication. This sociologically radical thesis, which raises the fear of a dehumanised theory of law and society, attempts to highlight the fact that social systems are constituted by communicative."[91]
According to Roger Cotterrell, "Luhmann... treats the theory as the basis for all general sociological analysis of social systems and their mutual relations.[92] But its theoretical claims about law's autonomy are very powerful postulates, presented in advance of (and even, perhaps, in place of) the kind of detailed empirical study of social and legal change that comparatists and most legal sociologists are likely to favour. The postulates of autopoiesis theory do not so much guide empirical research as explain conclusively how to interpret whatever this research may discover."[93]
"Perhaps the most challenging idea incorporated in the theory of autopoiesis is that social systems should not be defined in terms of human agency or norms, but of communications. Communication is in turn the unity of utterance, information and understanding and constitutes social systems by recursively reproducing communication. This sociologically radical thesis, which raises the fear of a dehumanised theory of law and society, attempts to highlight the fact that social systems are constituted by communicative."[91]
According to Roger Cotterrell, "Luhmann... treats the theory as the basis for all general sociological analysis of social systems and their mutual relations.[92] But its theoretical claims about law's autonomy are very powerful postulates, presented in advance of (and even, perhaps, in place of) the kind of detailed empirical study of social and legal change that comparatists and most legal sociologists are likely to favour. The postulates of autopoiesis theory do not so much guide empirical research as explain conclusively how to interpret whatever this research may discover."[93]
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