Luhmann under the view of Horkheimer: Exploring latent critic in the theory of autopoietic systems applied to the Law

Abstract

The text seeks to reflect upon the need to turn Autopoietic System’s Theory in favor and towards Critical Theory. Niklas Luhmann was responsible for a paradigmatic change to Sociology, adding conceptual basis for the comparison and empirical observation, especially in the legal system. Without a political agenda, his creation is not directed towards capitalism, what he himself considered a “self-proclaimed enemy”. On the other hand, Max Horkheimer, after taking charge of the Frankfurt School, constructs the scientific premisses to explore a traditional theory in favor of a critical theory. Today, numerous authors develop and apply the Autopoietic System’s Theory from a critical perspective, with the purpose of understanding the social complexity imposed by the capitalist systemic arrangement and the limits of the possibilities for emancipation through Law.

Keywords: Social Systems Theory, critical theory, sociology of Law, capitalism, emancipation.