From Hayek's Spontaneous Orders to Luhmann's Autopoietic Systems

Vilaca, Guilherme Vasconcelos (2010) From Hayek's Spontaneous Orders to Luhmann's Autopoietic Systems. Studies in Emergent Order, 3 50-81.

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Name Description MIMEType Size Downloads
Author Vilaca, Guilherme Vasconcelos
Title From Hayek's Spontaneous Orders to Luhmann's Autopoietic Systems
Journal name Studies in Emergent Order
Publication date 2010
Sub-type Article (original research)
Volume 3
Start page 50
End page 81
Total pages 32
Place of publication Virginia USA
Publisher George Mason University
Collection year 2011
Language eng
Formatted abstract
In this paper I contrast Hayek’s and Luhmann’s treatment of law as a complex social system. Through a detailed examination of Hayek’s account of law, I criticize the explanatory power of his central distinction between spontaneous order and organization. Furthermore, I conclude that its application to law leads to different results from the ones derived by Hayek. The central failure of Hayek’s failure, however, lies in his identification of complex systems with systems of liberal content maximizing individual freedom. Indeed, in this way, he can only account for systems-individuals and not systems-systems interactions. I introduce Luhmann’s theory of autopoietic systems, which I submit, can solve all the mentioned problems and seems a much more promising conceptual architecture to grasp social systems in the context of a complex society.
Keyword Systems Theory
Spontaneous Order
Legal Theory
Q-Index Code CX
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Article (original research)
Collection: School of Political Science and International Studies Publications
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Created: Wed, 27 Mar 2013, 17:58:43 EST by Guilherme Vasconcelos Vilaca on behalf of School of Political Science & Internat'l Studies