Luhmann argued that the legal system does not seek justice; as a self-referential social system, the legal system doesn’t have a goal other than its own reproduction. Justice is a value, but modern function systems are not undergirded by values. Ethically or morally just outcomes are not important. All that really matters is following established procedure, or due process.
In modern society, there is a division of labor between the legal system (the law) and the prison system. The law has been around thousands
Luhmann is forever talking about the second half of the 18th century as the pivotal era in the transition to modern society. One very important
This idea—that the difference between law and politics is a difference in language—lies at the heart of Niklas Luhmann’s systems theory. Luhmann suggested that society must be understood as a communication system. As such, it is differentiated into different subsystems, among them the political system and the legal system, but also, for example, the religious system, the scientific system, and so on.
The use of conflicts in communication leads to expectable, that is, structural, insecurities. A society that constructs greater complexity must therefore find forms for creating
The novels and short stories of William Faulkner often deal with family tensions or stress. So from a social systems perspective, we can look at