Sociological Theory in the Absence of People: The Limits of Luhmann's Systems Theory Closed Systems and Open Justice: The Legal Sociology of Niklas Luhmann 13 Cardozo Law Review 1991

13 Cardozo L. Rev. 1729 (1991 - 1992)
Sociological Theory in the Absence of People: The Limits of Luhmann's Systems Theory

handle is hein.journals/cdozo13 and id is 1751 raw text is: SOCIOLOGICAL THEORY IN THE ABSENCE OF
PEOPLE: THE LIMITS OF LUHMANN'S
SYSTEMS THEORY*
Alan Wolfe*
INTRODUCTION
Niklas Luhmann's work ranges so widely, absorbs literature
from so many distinct fields, and develops theories so capable of
change that he consistently startles his readers with the brilliance of
his insights. But his eclecticism, so admirable in comparison to
Johnny One Note theorists determined to prove the validity of their
initial assumptions, also raises disturbing questions: Are the dynamics
of nonhuman systems at all relevant to human ones? What is commu-
nication? If society is organized by functional differentiation, what
differentiates the differentiations-that is, what distinguishes politics
from religion, from education, from law? Is Luhmann's theory in-
tended as a theory of how society actually is organized? If so, how do
we know whether the theory is accurate? If the theory is accurate, do
we face a future that would make Max Weber's iron cage seem pleas-
ant by comparison? If the theory is not accurate, what is it lacking?
Does human society have any purpose other than its own
reproduction?
I.
Luhmann absorbs an extraordinary amount of information from
his environment, which is reflected in his theories. Originally inspired
by Talcott Parsons, he has witnessed the development of new theoreti-
cal advances well beyond anything available to Parsons during the
latter's lifetime. Although Parsons was strongly influenced by biology
and evolutionary theory, his form of functionalism-the product of
numerous conversations with L.J. Henderson'-failed to consider the
societal consequences of biological developments as diverse as modem
sociobiology, autopoeisis, population genetics, molecular biology,
* Prepared for a conference called Closed Systems and Open Justice: The Legal
Sociology of Niklas Luhmann, held at Benjamin N. Cardozo School of Law, March 3 and 4,
1991.
** Michael E. Gellert Professor of Sociology and Political Science and Dean of the Gradu-
ate Faculty, New School for Social Research.
I Bernard Barber, Introduction to L.J. HENDERSON, ON THE SOCIAL SYSTEM 1-53 (Ber-
nard Barber ed., 1970).

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