The aim of the paper is to present a brief insight into the significant works and views of the German sociologists Niklas Luhmann and Jűrgen Habermas on the role of law in regulating human relations in society. Educated as a lawyer, Niklas Luhmann in the late academic career was under the influence of the American sociologist Talcott Parsons. Niklas Luhmann later, under the influence of the American sociologist Talcott Parsons, he built a sociological theoretical system called the (...) systems theory. On the other side, Jűrgen Habermas was a philosopher and sociologist, highly influenced by the Frankfurt school of sociology. According to Luhmann‘s systems theory, the social reality and the separate aspects of the social life are part of a deeper system called society, and in relation to the same they are set as subsystems. Social systems are divided into allopoietic and autopoietic. One of the significant axioms of Luhmann’s theory is that the largest number of systems tends to simplify due to the pressure of the environment for greater efficiency. Law in Luhman’s systems theory enjoys the status of an autonomous system for regulating society, rather than an instrumental contribution to politics. This brief review exposed a big clash between two influential German thinkers. In this paper we are going to use historical method and analysing of the content of different materials and previous authors that are dealing with the work of Niklas Luhmann and Jűrgen Habermas. (shrink)

Since Kant, philosophy has been obsessed with epistemological questions pertaining to the relationship between mind and world and human access to objects. In The Democracy of Objects Bryant proposes that we break with this tradition and once again initiate the project of ontology as first philosophy. Drawing on the object-oriented ontology of Graham Harman, as well as the thought Roy Bhaskar, Gilles Deleuze, Niklas Luhman, Aristotle, Jacques Lacan, Bruno Latour and the developmental systems theorists, Bryant develops a realist ontology (...) that he calls “onticology”. This ontology argues that being is composed entirely of objects, properties, and relations such that subjects themselves are a variant of objects. By way of systems theory and cybernetics, Bryant argues that objects are dynamic systems that relate to the world under conditions of operational closure. In this way, he integrates the most vital discoveries of the anti-realists within a realist ontology that does justice to both the material and cultural. Onticology proposes a flat ontology where objects of all sorts and at different scales equally exist without being reducible to other objects and where there are no transcendent entities such as eternal essences outside of dynamic interactions among objects. This work will be of great interest to Continental philosophers, ecologists, cultural theorists, media theorists, and those following recent developments in the thought of speculative realists. (shrink)

Context: Although the theory of autopoietic systems was originally formulated to explain the phenomenon of life from an operational and temporal perspective, sociologist Niklas Luhmann incorporated it later within his theory of social systems. Due to this adoption, there have been several discussions regarding the applicability of this concept beyond its biological origins. Problem: This article addresses the conception of Luhman’s autopoietic social systems, and confronts this vision with criticism both of the original authors of the concept of autopoiesis (...) and of other social theorists in order to elucidate the main problems of this debate and its possible solutions. Method: The objectives of the article are reached by means of a theoretical reconstruction of the main issues of the debate on the concept of autopoiesis. The main method used for the research is the use of documentary sources to discuss the arguments. Results: We claim that it is justified to extend the concept of autopoiesis from its biological origin to other disciplines, and to develop its interdisciplinary character, following the spirit of systems theory and constructivism. Implications: Our results are useful for promoting the development of new interdisciplinary research in the field of systems theory and constructivism. Important changes to practice should be made, namely, the development of new research methods, new concepts and perspectives. Constructivist content: The concept of autopoiesis is one of the fundamental concepts of the constructivist epistemology. The discussion proposes a radical understanding of this concept in order to realize all its explanatory potential. (shrink)

La présente étude se propose de repérer les traits principaux de la théorie des systèmes autopoïétiques qui a, depuis le début des années 80, fortement marqué les discours des sciences sociales en Allemagne. Notre analyse se réfère aux concepts-clé de ce nouveau paradigme, élaboré par Niklas Luhmann, et montre leur fonctionnement. La genèse du sens telle quelle s'opère dans la société moderne se trouve au centre de l'intérèt. Avec ses trois dimensions constituantes , le sens peut être mieux observé (...) dans l'ensemble des systèmes, qui est englobé par un environnement de plus en plus complexe. Finalement nous observerons, à titre d'essai, le système littéraire pour y relever les possibilités et les limites de cette nouvelle approche.In the past decade, the mainstream-discourses in German Social Sciences have been strongly influenced by the theoretical design proposed by Niklas Luhman, which is generally called Systems Theory. In the present article I will discuss the dominant conceptions of this extremely abstract approach and focalize my reflections on the problem of the sense : How does sense evolve in social systems and how can it be observed ? Is a better observation garanteed by the unfolding three dimensions of sense ? An exemple like the literary system will show the possibilities and limits of this new paradigm in Social Sciences. (shrink)

This is part 2 och an interview with Prof. J. Conant, conducted by Niklas Forsberg. This article will be published at the end of June 2016.

Name der Zeitschrift: Nordic Wittgenstein Review Jahrgang: 2 Heft: 1 Seiten: 131-160.

This is part 2 of an interview with Prof. J. Conant, conducted by Niklas Forsberg.

Language Lost and Found takes as its starting-point Iris Murdoch's claim that "we have suffered a general loss of concepts." By means of a thorough reading of Iris Murdoch's philosophy in the light of this difficulty, it offers a detailed examination of the problem of linguistic community and the roots of the thought that some philosophical problems arise due to our having lost the sense of our own language. But it is also a call for a radical reconsideration of how (...) philosophy and literature relate to each other on a general level and in Murdoch's authorship in particular. (shrink)

Germany's leading contemporary social theorist provides a definitive analysis of art as a social and perceptual system which not only represents an important intellectual step in discussions of art but also an important advance in systems theory. Luhmann insists on the radical incommensurability between psychic systems (perception) and social systems (communication). Art is a special kind of communication that operates at the boundary between the social system and consciousness in ways that profoundly irritate communication while remaining strictly internal to the (...) social. Each chapter elaborates a particular aspect of the general problem of art's status as a social system. The book draws on a vast body of research in the social sciences, phenomenology, evolutionary biology, cybernetics, and information theory, combined with an intimate knowledge of art history, literature, aesthetics, and contemporary literary theory. The book also engages virtually every major theorist of art and aesthetics from Baumgarten to Derrida. (shrink)

This book involves an in-depth analysis of the ethical, political and philosophical issues related to health-oriented screening programs.

There are many people in organizations who have feelings of alienation; that is they feel they do not fit in, they get no meaning out of their work, they feel belittled or abused by their superiors or colleagues; they desire to break loose the masks they wear, or to find some sense of meaningfulness. In our paper, we demonstrate our assumption of alienation in the workplace by reviewing a collection of satirical and ironic organizational stories from police officers working at (...) a county sheriff’s department. Our argument is that if it seems that alienation might not be resolved through organizational change efforts and interventions, or might not be resolved through radical change of the economic conditions of modern industrial life, then alienation might be changed through the aggregation of individual projects from below. We discuss the possibility of resolving alienation at the workplace by using the legend of Percival as an analogy. (shrink)

McDonaldization is usually seen as a ‘tragedy’ as humans become more rationalised in their everyday life, but from the view of Marx’s theory of historical change, I suggest that it might be seen as a ‘comedy’. As the world’s labour force becomes culturally the same it may finally gain an ironic awareness that is required for radical social change, thus, global rationalisation may create the conditions for a ‘global Proletariat’. The comedy of McDonaldization is that its repulsiveness as a way (...) of life may actually lead to the possibility of achieving liberation from the domination of global capitalism. (shrink)

This collection of five essays by Germany’s most prominent and influential social thinker both links Luhmann’s social theory to the question “What is modern about modernity?” and shows the origins and context of his theory. In the introductory essay, “Modernity in Contemporary Society,” Luhmann develops the thesis that the modern epistemological situation can be seen as the consequence of a radical change in social macrostructures that he calls “social differentiation,” thereby designating the juxtaposition of and interaction between a growing number (...) of social subsystems without any hierarchical structure. “European Rationality” defines rationality as the capacity to see the difference between systems and their environment as a unity. Luhmann argues that, in a world characterized by contingency, rationality tends to become coextensive with imagination, a view that challenges their classical binary opposition and opens up the possibility of seeing modern rationality as a paradox. In the third essay, “Contingency as Modern Society’s Defining Attribute,” Luhmann develops a further and probably even more important paradox: that the generalization of contingency or cognitive uncertainty is precisely what provides stability within modern societies. In the process, he argues that medieval and early modern theology can be seen as a “preadaptive advance” through which Western thinking prepared itself for the modern epistemological situation. In “Describing the Future,” Luhmann claims that neither the traditional hope of learning from history nor the complementary hope of cognitively anticipating the future can be maintained, and that the classical concept of the future should be replaced by the notion of risk, defined as juxtaposing the expectation of realizing certain projects and the awareness that such projects might fail. The book concludes with “The Ecology of Ignorance,” in which Luhmann outlines prospective research areas “for sponsors who have yet to be identified.”. (shrink)

Genetic determinism can be described as the attribution of the formation of traits to genes, where genes are ascribed more causal power than what scientific consensus suggests. Belief in genetic determinism is an educational problem because it contradicts scientific knowledge, and is a societal problem because it has the potential to foster intolerant attitudes such as racism and prejudice against sexual orientation. In this article, we begin by investigating the very nature of belief in genetic determinism. Then, we investigate whether (...) knowledge of genetics and genomics is associated with beliefs in genetic determinism. Finally, we explore the extent to which social factors such as gender, education, and religiosity are associated with genetic determinism. Methodologically, we gathered and analyzed data on beliefs in genetic determinism, knowledge of genetics and genomics, and social variables using the “Public Understanding and Attitudes towards Genetics and Genomics” instrument. Our analyses of PUGGS responses from a sample of Brazilian university freshmen undergraduates indicated that belief in genetic determinism was best characterized as a construct built up by two dimensions or belief systems: beliefs concerning social traits and beliefs concerning biological traits; levels of belief in genetic determination of social traits were low, which contradicts prior work; associations between knowledge of genetics and genomics and levels of belief in genetic determinism were low; and social factors such as age and religiosity had stronger associations with beliefs in genetic determinism than knowledge. Although our study design precludes causal inferences, our results raise questions about whether enhancing genetic literacy will decrease or prevent beliefs in genetic determinism. (shrink)

What challenges must a principle of need for prioritisations in health care meet in order to be plausible and practically useful? Some progress in answering this question has recently been made by Hope, Østerdal and Hasman. This article continue their work by suggesting that the characteristic feature of principles of needs is that they are sufficientarian, saying that we have a right to a minimally acceptable or good life or health, but nothing more. Accordingly, principles of needs must answer two (...) distributive questions: when do we have sufficient and how should we prioritise among those who do not yet have a sufficiency? Furthermore, it is argued that Roger Crisp’s theory of need, which combines sufficientarianism with prioritarianism below the threshold of need, is better equipped than alternatives to answer these questions as well as meeting the challenges formulated by Hope, Østerdal and Hasman. However, Crisp’s theory faces two major challenges. First, it has to say something about the currency of distribution: a principle of need must be complemented either with a theory on the human good or a theory about the proper goals of health care. Second, it has to say something about where the threshold should be set. However, any attempt to set a threshold seems morally arbitrary in the light of the sufficientarian idea that those just above the threshold never should be given priority over those just below the threshold. (shrink)

In Alzheimer's disease (AD), pathological processes start in the brain long before clinical dementia. Biomarkers reflecting brain alterations may therefore indicate disease at an early stage, enabling early diagnosis. This raises several ethical questions and the potential benefits of early diagnosis must be weighted against possible disadvantages. Currently, there are few strong arguments favouring early diagnosis, due to the lack of disease modifying therapy. Also, available diagnostic methods risk erroneous classifications, with potentially grave consequences. However, a possible benefit of early (...) diagnosis even without disease modifying therapy is that it may enable early decision making when patients still have full decision competence, avoiding problems of hypothetical consents. It may also help identifying patients with cognitive dysfunction secondary to other diseases that may be responsive to treatment already today. (shrink)

AimsTo examine attitudes towards physician-assisted suicide (PAS) among physicians in Sweden and compare these with the results from a similar cross-sectional study performed in 2007.ParticipantsA random selection of 250 physicians from each of six specialties (general practice, geriatrics, internal medicine, oncology, surgery and psychiatry) and all 127 palliative care physicians in Sweden were invited to participate in this study.SettingA postal questionnaire commissioned by the Swedish Medical Society in collaboration with Karolinska Institute in Stockholm. ResultsThe total response rate was 59.2%. Slightly (...) fewer than half [47.1% (95% CI 43.7–50.5)] of the respondents from the six specialties accepted PAS, which is significantly more than accepted PAS in the 2007 study [34.9% (95% CI 31.5–38.3)]. Thirty-three percent of respondents were prepared to prescribe the needed drugs. When asked what would happen to the respondent’s own trust in healthcare, a majority [67.1% (95% CI 63.9–70.3)] stated that legalizing PAS would either not influence their own trust in healthcare, or that their trust would increase. This number is an increase compared to the 2007 survey, when just over half [51.9% (95% CI 48.0–55.2)] indicated that their own trust would either not be influenced, or would increase.ConclusionsThe study reveals a shift towards a more accepting attitude concerning PAS among physicians in Sweden. Only a minority of the respondents stated that they were against PAS, and a considerable proportion reported being prepared to prescribe the needed drugs for patient self-administration if PAS were legalized. (shrink)

Die Proklamation der "Postmoderne" hatte mindestens ein Verdienst. Sie hat bekannt gemacht, daß die moderne Gesellschaft das Vertrauen in die Richtigkeit ihrer eige nen Selbstbeschreibungen verloren hat. Auch sie sind jeweils anders möglich. Auch sie sind kontingent gewor den. Wie in der risikoreichen Welt des New Yorker U-Bahn-Netzes drängen sich jetzt die, die darüber reden wollen, an dafür bestimmten Plätzen unter heller Be leuchtung und bei laufenden Fernsehkameras zusammen. Es scheint ums intellektuelle Überleben zu gehen. Aber offenbar nur darum. Und (...) währenddessen geschieht, was geschieht, und die Gesellschaft evoluiert im Ausgang von dem, was erreicht ist, in eine unbekannte Zukunft. Vielleicht hatte das Stichwort der Postmoderne nur eine andere, variantenreichere Beschreibung der Moder ne versprechen wollen, die ihre eigene Einheit nur noch negativ vorstellen kann als Unmöglichkeit eines meta recit. Aber das ließe dann möglicherweise zu viel zu angesichts zahlreicher aktueller Dringlichkeiten, die auf fallen. Wir mögen gern konzedieren, daß es keine ver bindliche Repräsentation der Gesellschaft in der Gesell schaft gibt. Aber das wäre dann nicht das Ende, sondern der Beginn einer Reflexion der Form von Selbstbeob achtungen und Selbstbeschreibungen eines Systems, die im System selbst vorgeschlagen und durchgesetzt werden 7 müssen in einem Prozeß, der seinerseits wieder beob achtet und beschrieben wird. (shrink)

Niklas Luhmann is widely recognized as one of the most original thinkers in the social sciences today. This major new work further develops the theories of the author by offering a challenging analysis of the relationship between society and the environment. Luhmann extends the concept of "ecology" to refer to any analysis that looks at connections between social systems and the surrounding environment. He traces the development of the notion of "environment" from the medieval idea--which encompasses both human and (...) natural systems--to our modern definition, which separates social systems from the external environment. In Luhmann's thought, human beings form part of the environment, while social systems consist only of communications. Utilizing this distinctive theoretical perspective, Luhmann presents a comprehensive catalog of society's reactions to environmental problems. He investigates the spheres of the economy, law, science, politics, religion, and education to show how these areas relate to environmental issues. Ecological Communication is an important work that critically examines claims central to our society--claims to modernity and rationality. It will be of great importance to scholars and students in sociology, political science, philosophy, anthropology, and law. (shrink)

The essays in this volume formulate what is considered to be the preconditions for an adequate theory of modern society. The volume starts with an examination of the modern European philosophical and scientific tradition notably the phenomenology of Edmund Husserl.

Thick concepts provide a focal point for several important issues in ethical theory. Separatists argue that the descriptive and evaluative elements of a thick concept can be separated out. Non-separatists deny this and claim that there are no descriptive boundaries delimiting a thick concept. A common strategy for both camps in the debate has been an appeal to armchair intuitions of various everyday thick concepts. My alternative strategy consists in a closer study of the professional practice of risk analysis. As (...) a well-developed practice, it provides substantial material for analysis. Moreover, its central concepts of risk and safety are typically seen as scientific concepts fitting the separatist analysis. Still, I argue that there are several evaluative aspects in risk and safety ascription that are hard to account for on a separatist analysis. I consider three separatist strategies, and conclude that they all fail. The result is a corroboration of the general non-separatist thesis put forward by theorists such as John McDowell and Bernard Williams. (shrink)

Die Abschiedsvorlesung von Niklas Luhmann an der Universität Bielfeld 1993 unter dem Titel: "Was ist der Fall?" und "Was steckt dahinter?" - Die zwei Soziologien und die Gesellschaftstheorie.