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<p>The aim of the paper is to present a brief insight into the significant works and views of the German sociologists Niklas Luhmann and Jűrgen Habermas on the role of law in regulating human relations in society. Educated as a lawyer, Niklas Luhmann in the late academic career was under the influence of the American sociologist Talcott Parsons. Niklas Luhmann later, under the influence of the American sociologist Talcott Parsons, he built a sociological theoretical system called the systems theory. On the other side, Jűrgen Habermas was a philosopher and sociologist, highly influenced by the Frankfurt school of sociology. According to Luhmann‘s systems theory, the social reality and the separate aspects of the social life are part of a deeper system called society, and in relation to the same they are set as subsystems. Social systems are divided into allopoietic and autopoietic. One of the significant axioms of Luhmann’s theory is that the largest number of systems tends to simplify due to the pressure of the environment for greater efficiency. Law in Luhman’s systems theory enjoys the status of an autonomous system for regulating society, rather than an instrumental contribution to politics. This brief review exposed a big clash between two influential German thinkers. In this paper we are going to use historical method and analysing of the content of different materials and previous authors that are dealing with the work of Niklas Luhmann and Jűrgen Habermas.</p>
</abstract>

The aim of the paper is to present a brief insight into the significant works and views of the German sociologists Niklas Luhmann and Jűrgen Habermas on the role of law in regulating human relations in society. Educated as a lawyer, Niklas Luhmann in the late academic career was under the influence of the American sociologist Talcott Parsons. Niklas Luhmann later, under the influence of the American sociologist Talcott Parsons, he built a sociological theoretical system called the systems theory. On the other side, Jűrgen Habermas was a philosopher and sociologist, highly influenced by the Frankfurt school of sociology. According to Luhmann‘s systems theory, the social reality and the separate aspects of the social life are part of a deeper system called society, and in relation to the same they are set as subsystems. Social systems are divided into allopoietic and autopoietic. One of the significant axioms of Luhmann’s theory is that the largest number of systems tends to simplify due to the pressure of the environment for greater efficiency. Law in Luhman’s systems theory enjoys the status of an autonomous system for regulating society, rather than an instrumental contribution to politics. This brief review exposed a big clash between two influential German thinkers. In this paper we are going to use historical method and analysing of the content of different materials and previous authors that are dealing with the work of Niklas Luhmann and Jűrgen Habermas.

The Controversy between Niklas Luhmann and Jűrgen Habermas Related to Sociological Approach to Law

Faculty of Contemporary Social Sciences - South Eastern University Tetovo

SEEU Review

This work is licensed under the Creative Commons Attribution 4.0 International License.

The aim of the paper is to present a brief insight into the significant works and views of the German sociologists Niklas Luhmann and Jűrgen Habermas on the...

The Controversy between Niklas Luhmann and Jűrgen Habermas Related to Sociological Approach to Law

Published Online: Jun 12, 2021

Page range: 3 - 13

DOI: https://doi.org/10.2478/seeur-2021-0004

Keywords
Niklas Luhmann, sociology, law, controversy, systems theory, Jűrgen Habermas

© 2021 Aleksandar Jovanoski et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

The Controversy between Niklas Luhmann and Jűrgen Habermas Related to Sociological Approach to Law

Published Online: Jun 12, 2021

Page range: 3 - 13

DOI: https://doi.org/10.2478/seeur-2021-0004

KeywordsNiklas Luhmann, sociology, law, controversy, systems theory, Jűrgen Habermas

© 2021 Aleksandar Jovanoski et al., published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Keywords
Niklas Luhmann, sociology, law, controversy, systems theory, Jűrgen Habermas