ABSTRACT

This chapter describes that the traditional tenets of Niklas Luhmann's systemic theory of law, in particular, concepts like structural coupling, autopoiesis and self-referential coding, could be enlarged by a new set of conceptualisations such as structural grouping, pluripoiesis and fusion of multiple normative elements. It focuses on a significant example as a case study: the Brazilian constitution, which should not be considered merely as a structural coupling between law and politics. The chapter suggests that the evolution of law has produced a trend of normative fusion in the legal system that may be perceived by observing structural groupings. It analyses select aspects of transversal rationality, critical systems theory and constitutional fragmentation. The chapter explains the kaleidoscope of legal culture and the hypothesis of a pluripoietic system, constituted by a fusion of self-referenced and hetero-referenced coded communications. Observation of the contemporary constitutional state implies an articulation of multiple legal cultures and provides a fusion of law with economics and religion.