ABSTRACT

This chapter aims to place the theory of autopoiesis within the larger theoretical corpus the work of Niklas Luhmann in order to consider its potential contribution to a paradigm change in the sociology of law. It follows the lead given by Richard Lempert in the careful paper in which he compares and contrasts the theory of autopoiesis with what he takes to be the relevant features of a mainstream Anglo-American approach to the sociology of law. An understandable and predictable reaction to Luhmann’s theory of auto-poiesis from those working within Anglo-American empirical sociology of law is to question the credibility of any theory which appears to suggest that law is in some way hermetically sealed off from other aspects of society. The chapter argues that the disagreement between Lempert and Luhmann rests on and can contribute to paradigm change in the sociology of law.