Niklas Luhmann's Legal Function Structure And The Beginning Of The Theory Of Self-regeneration Theory

The introduction and research of mature western legal thoughts is the obligation of all scholars in developing nations of law. Hence my paper is based on the leanring of Niklas Luhmann's 《The Sociological Theory of Law》 accordingly. I hope to make his ideology understood through the relatively detailed carding and introduction. My paper focuses on these parts to introduce and explain his ideology:First is Luhmann's criticism of classical sociology of law. He suggests us to look at the classical sociology of law from the perspective of the differentiation of the inherent standpoint of law and its moral foundation .Meanwhile he comments on several representatives such as Marx, Maine, Durkheim, Weber and so on. He points out the scarcity of their abstract discussion to the relation between the developments of law and the society . While Luhmann's own viewpoint is that we should elaborate these problems through the connection between law and the increasing complexity of the society.Second will be the expectation and structure theory of Luhmann. He makes an emphasis on the "double contingency " of human action, namely that being able to depend on another's behavior, being able to hold firm expectation of another person involves presenting to that person also a pattern which provides similar firmness of expectation . The expectation of expectations is a fundamental feature of stable systems of human action and has to be generalized over the greatest number of persons and alternatives for action. These behavioral expectations themselves also require co-ordination and it is the function that Luhmann sees as the essence of law, namely "congruently generalized normative behavioral expectations".Third, Luhmann treats law as one structure of social system and suggest that its function is to reduce the complexity of society. The complexity of a social system is mainly regulated by its structure , namely by the preselection of the range of possible environmental conditions which the system can accommodate. While law provides the congruently generalized normative behavioral expectations for human actions and as the structure takes on such functions. Luhmann also analyses the question that how law as structure of a system is possible, at the same time, its preconditions and developments.