Interpretation Of Tuibna's Sociological Thought

Modern Western law faces the risk of a comprehensive deconstruction of the traditional formal rational law by the substantive tendency of the law.Facing this problem,Teubner proceeded from the legal paradox of the legality of the law,and based on the analysis of the responsive law of Nonet and Selznik,combined Habermas' theory of social change with Luhmann's theory of social change,he proposed a reflective approach to the solution.Then,with the help of Luhmann's system theory perspective,Tuebner uses concepts such as "organizational openness","operational closure",and "hypercycle" to describe the autopoietic law model of the interaction between law and society.The autopoietic law under the pluralistic social structure needs a justice theory of legal sociology to replace overall justice.Through mutual verification of Derrida's exploration of the fundamental paradox and Luhmann's method of resolving the paradox,Teubner clarified the boundaries of the social system theory of law,and believed that "justice is the coupling formula of law." The openness of the law should be based on its normative effectiveness,and on this basis,an attempt should be made to establish a normative production mechanism that adapts to the complexity of the society.At the same time,irrational factors within the scope of the law should also be properly considered.