Research On The Autopoietic Legal System Theory Of Niklas Luhmann And Its Inspiration

To analyze the operation within legal system and the relationship between legal system and its environment by using System Theory is of great significance, and Niklas Luhmann was the most prominent creator in sociological system theory. It took him nearly thirty years to discover all the research achievements that human beings had ever done related to the system, tease them out, and find out the discipline within. Wha's more, based on the modern society's characteristics,he renovated them and developed the social system theory,economic system theory, law system theory, and so forth. This study examines the Autopoietic Legal System Theory created by him and consists seven parts, including introduction, five chapters of main arguments and the conclusion.First and foremost, before introducing the Autopoietic Legal System Theory of Niklas Luhmann precisely, the thesis explores its theoretic origin and adopted new patterns.Furthermore, it reasons the important proposition and the system function of the Autopoietic Legal System Theory and describes the the Autopoietic Legal System Theory deeply in coding and programme way. In addition,the thesis figures out the evolution and internal differentiation of the Autopoietic Legal System Theory. Beginning with the Autopoietic Legal System Theory, this part focus on "how did the evolution happen?" and uses the"change/choice/stabilization" in the Theory of Evolution to process law's development in history. In addition, the chapter explains the relationship among words, litigation, and the evolution of law system,describes how words and litigation accelerated the law evolution,and tells why they are very important to the eventual form. Since we understand how the Autopoietic Legal System Theory evolved,this study goes on researching the systematic internal differentiation, the difference between legislation and judgment, and the position of courts in the Legal System that were brought by the evolution. What's more, the thesis mainly concerns about structural coupling not only between economic system and law system, but also between political system and law system. Because of the operative closure in Luhmann's Autopoietic Legal System Theory, another issue becomes extremely vital. That is,how can structural coupling happen between law system and other systems, make each other both relative and constricted,and keep subsystems divided. Therefore,this study talks mainly about how the law system and economic system influence each other and work together, and shows the differentiation and interaction between law system and political system. Last but not the least, the study rethinks Luhmann's Autopoietic Legal System Theory critically and heuristically, and speaks highly of the value of Luhmann's Autopoietic Legal System Theory for its contributions to the society and the law..