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Evolutionary Forms Of Law And Social Systems

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  • Pasquale Luigi DI VIGGIANO

    (PhD in Scienze Giuridiche. Part of Centro di Studi sul Rischio (CSR) and of the scientific Council of the Laboratory of e-Government (LEG) - Universita del Salento, Lecce, Italy)

Abstract

Modern law is a social system, functionally differentiated as a result of a social evolution, which is embedded in its processes of variation, selection and stabilization, and generated through mechanisms enabled by law itself. Modern positive law, therefore, is based on a decision, and has value by virtue of a decision (that is contingent and changeable). The acquisitions of the social systems theory of Luhmann describe how the stabilization of normative expectations, that is to say the stabilization of uncertainty, establishes the mechanism of production of modern law.

Suggested Citation

  • Pasquale Luigi DI VIGGIANO, 2011. "Evolutionary Forms Of Law And Social Systems," Curentul Juridic, The Juridical Current, Le Courant Juridique, Petru Maior University, Faculty of Economics Law and Administrative Sciences and Pro Iure Foundation, vol. 45, pages 102-112, June.
  • Handle: RePEc:pmu:cjurid:v:45:y:2011:p:102-112
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    More about this item

    Keywords

    Expectations; Evolution of the Law; Luhmann; Social Systems; Sociology of Law; Social Theory;

    JEL classification:

    • K00 - Law and Economics - - General - - - General (including Data Sources and Description)
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

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