ABSTRACT
The idea of functional differentiation denotes the gradual emergence and establishment of separate normative orders, of morality, law, politics, religion, etc. The separation meant comprehensive world views gradually gave way to a relative plurality of value commitments, recognised and protected as a matter of individual right. And that justice came increasingly to withdraw to the formal side of social interchange (equality of all before the law) rather than embodying any comprehensive doctrine to be enforced through the law. This chapter explores what the autonomy and differentiation of the law means in this light. It then proceeds to examine the theory of law as an autopoietic system. The theory of autopoiesis is explored first in the work of Niklas Luhmann, and then with specific reference to law, in the work of Gunther Teubner.
