Abstract

DOUGLAS PRICE, Jorge E.. The adoption of Niklas Luhmann's Systems Theory in Argentine Legal and Social Philosophy. Probl. anu. filos. teor. derecho [online]. 2014, n.8, pp.95-124. ISSN 2448-7937.

A theory can be an explanation of a piece of the world. A theory of law is intended to be an explanation of that phenomenon of social communication which we call Law. But, Raffaele De Giorgi, perhaps the person responsible for the introduction of luhmannian theory in Argentina, (jointly with Torres Nafarrate in Mexico in translating Luhmann's work to Spanish), asked: What is a theory of society? What is the "Law of society"? and answered: Can we discuss this?, hands managed by hands, nothing different from a prostheses. According to De Giorgi we are sure that the themes that we use as objects or objects that we use as themes, are our construction, we think that we turn around ourselves, while we continue rotating around the vacuum. It is a paradox, or another paradox: ¿Is it possible to get out or get rid of these paradoxes? Logic does not help us. Logic, according to Luhmann, can only see to the fact that some expressions, with unavailable truths, are in contradiction with other expressions, the problem cannot be resolved using logical operations. With the help of Gegenparadoxierungen (against-paradox), systemic therapy is the alternative where the problem can be tolerated. And, according to Luhmann, the placement of the paradox should be conducted in a more or less skilled, successful, or useful way to break the logjam. A creative use of paradoxes, especially legal ones, allows us to observe how Luhmann's theory has impacted existing theories in Argentina. Themes such as the paradoxality of law, or its being without foundation (and without beginning, the vacuity of their principles and the opacity of its distinctions and operations), filtered theories (like Carlos Cárcova or Ernesto Grün) and jurisprudential practices have started shifting things to what Bielefeld Professor has called "old European".

Keywords : Nuklas Luhmann; Raffaele De Giorgi; Systems Theory; Practical Philosophy in Argentina; Law and Society.

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