Luhmann Legal System Theory

" Münchhausen-Trilemma " in the law would lead triple theoretical dilemmas:infinite recursion on problem, conclusion of the debate based on Subjective assumptions and Circular reasoning, in the history of Western legal thought this triple dilemma theory represented corresponding four legal level of Aquinas,the basic norm of Kelsen and the rule of recognition of Hart. To the " Münchhausen-Trilemma ",the theory of legal system ‘self-description of Luhmann show us a way to deal with it.Based on generalization structural functionalism, constructivism cognition theory,system theory and biological autopoiesis, Luhmann proposed his theory of the social system, which involved Structural functionalism, constructivist theory of knowledge,modern system theory and social autopoiesis. On the background of this theory,Luhmann used the legal system of self-description explains the legal system, which as social subsystems, show us its function, codes and the evolution. With Self-described theory of the legal system,not only did Luhmann solve Münchhausen plight, but also proposed a new explanation to three formal jurisprudence debate, such as the law versus morality, positive law versus natural law, the formal aspect of law versus the Substantive aspect of law...