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
This is an interesting passage from John M. Najemy (2006) A History of Florence. It discusses how some forms of law emerged to control the elite. Elite
In a functionally differentiated society, there is no moral center; it is a not a center/periphery society or a top-down, stratified society. While center/periphery and high/low distinctions still operate, they are overruled by functional differentiation.
Preventing the political system from overstraining the carrying capacity of the encompassing regime of functional differentiation means making this system bearable by individual persons who likewise belong to this system’s environment. This is by no means a trivial requirement