Research On The Relationship Between Law And Politics From Luhmann’s Social System Theory Perspective

Niklas Luhmann(1927-1998) is well known German sociologist, the founders ofcontemporary social system theory.He studied under the American sociologist TalcottParsons.On the basis of a substantial transformation in the Parsons sociology theory,andthe latest research results of contemporary natural science,Luhmann created a uniquesocial systems theory.He observed the various areas of contemporary society throughthis theory.One in particular is his research on political system and legalsystem.Luhmann described the law and the politics as a autopoietic system which canrealize self observation,self reference and self production, provide a neutral andobjective perspective For the understanding of the perplexing relationship between lawand politics. This paper aims at studying the relationship between law and politics onLuhmann’s social systems theory perspective.This paper is divided into the following sections:The first part introduces the lifeand academic experience of Luhmann,give a preliminary summary of his social systemstheory.Analyze why this theory can provide an effective method for the interpretation ofthe legal and political relations.The second part:Introduce the basic framework ofLuhmann’s social systems theory，contains the following four parts,”The Second-orderObservation” as the starting point of Luhmann’s social system theory.”The ComplexityTheory” as the narrative background of Luhmann’s social system theory.”The Conceptof Communication” as the basic unit in the social system.The Existing state of socialsystem:Autopoietic systems theory described by Luhmann.The third part:Interpretation of the relationship between law and politics from the perspective of Luhmann’s socialsystems theory,including the following three parts:The concept of binarycode,program,operational coupling and structural coupling， as the basis to analyzerelationship between systems.The legal system as the structure of social system and thepolitical system processing the relationship between sub-system.The relationshipbetween law and politics on Luhmann’s social system theory perspective.with theconstitution as the coupling structure.Finally,a simple view on the implications on the research of politics of law byLuhmann’s social system theory.