ABSTRACT
The modest aim of this chapter is to scrutinize and critique from the perspective of systems theory the main strands of the Kadi legal saga. The person in sight of autopoiesis (1995). Systems theory is not, as often alleged, an entirely anti-individualistic theory. On the contrary, individual human beings have an important dual role within systems theory: they exist as psychic autopoietic systems in their own right as well as being point of attributions for the elements of the system, communications. This deliberate decentring of the individual within systems theory can be explained by reference to what Luhmann was aiming to accomplish, namely to construct a complete theory of society. 2020Richard Nobles, David Schiff, Observing Law through Systems Theory (Hart, 2013) 253. We can say that Mr. Kadi is constituted by the relevant social systems as, among other things, an economic actor, a European Union citizen, and a bearer of human rights.
