Abstract
The term autopoiesis (self-reproduction) is a key concept that has been adopted by modern sociological systems theory in explaining the self-constituting nature of social systems. In applying the autopoiesis concept to the legal system, law is analyzed as a communication system that reproduces itself in self-referential processes. Legal autopoiesis is a radicalized version of legal autonomy. It assumes that a process of hypercyclical self-constitution characterizes the evolution of the autopoietic legal system. In modern social systems theory, law forms part of the functionally differentiated society alongside other autopoietic function systems, like the economic, the political, or the religious system. Structural coupling shapes the relation of the legal system with other social systems. Modern legal systems operate with reflexive forms of regulation that recognize the autopoietic nature of the regulated systems. The concept of legal autopoiesis emphasizes the function of a specific legal epistemology or worldview that guides the internal operations of the legal system and thereby influences its development. It views the modern legal system from a global perspective by paying special attention to processes that transform it into a world legal system.
Published Version
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