Notas para uma teoria da organização da decisão jurídica autopoiética
This paper intends to present an initial observation of social indeterminacy relations, organizational theory and legal decision. We adopt the theoretical thinking of Niklas Luhmann. Initially, we analyze the formation of the paradigm of social indeterminacy that arises through out the twentieth cen...
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| Main Authors: | , |
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| Format: | Article |
| Language: | Portuguese |
| Published: |
2012
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=5007560 |
| Source: | Revista de Estudos Constitucionais, Hermenêutica e Teoria do Direito (RECHTD), ISSN 2175-2168, Vol. 4, Nº. 2, 2012 (Ejemplar dedicado a: Julho/Dezembro), pags. 193-213 |
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| Summary: |
This paper intends to present an initial observation of social indeterminacy relations, organizational theory and legal decision. We adopt the theoretical thinking of Niklas Luhmann. Initially, we analyze the formation of the paradigm of social indeterminacy that arises through out the twentieth century with the emergence of new epistemologies constructivist which ends up questioning the assumptions of the model scientific legacy of modernity. At this time, we define the sociology of Niklas Luhmannas the first post-ontological theory and its relevance to the formation of a complex social theory and observe the contemporary society. Afterwards, we expose the correlation between the formation of social organizations and the need for assimilation contexts highly contingent, that is, we defend the thesis of Luhmann that organizations emerge as evolutionary acquisitions in order to deal with social uncertainties. This concept starts from the idea that social organizations are formed by processes of making decision and at the same time, enable them. Finally, we describe some of thema in theories of legal decision in order to demonstrate a possible mismatch between the epistemological support and contribution of theory of organizations. Thus, weintend to demonstrate the keeping of many assumptions of methodological individualism in contemporary theories of legal decision and therefore a disconnection with these advances offered by the sociology of organizations of Niklas Luhmann.Key words: indeterminacy, organization, decision, autopoiesis. |
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