The System Theory of Niklas Luhmann and the Constitutionalization of the World Society
- Author
- C. Mattheis
- Year
- 2012
- Type
- journal article
- Category
- Sistemas
Mattheis (2012) uses Niklas Luhmann's systems theory to ask whether international law is undergoing a process of constitutionalization at the level of 'world society,' beyond the traditional state-centered idea of a constitution. He argues that constitutional elements already exist in international law through a value-based coupling between the political and legal systems, grounded in shared principles like human rights.
This article asks whether Niklas Luhmann's systems-theory account of territoriality and functional differentiation can be applied to today's international legal order. The author examines whether a process of constitutionalization is taking place at the level of 'world society,' beyond the traditional, state-centered idea of a constitution, through what Luhmann calls structural couplings between different social systems. The paper argues that constitutional elements can already be found in modern international law, produced by a value-based structural coupling between the political and legal systems, grounded in shared principles such as human rights.
Credits: Mattheis, C. (2012). The System Theory of Niklas Luhmann and the Constitutionalization of the World Society. Goettingen Journal of International Law, 4(2), 625–647. http://doi.org/10.3249/1868-1581-4-2-mattheis
Where to find it
Academic papers