What is the distinctive trait of the Latin American pattern of modernization? In contrast to western societies, where the debate on modernization has been dominated by the Weberian thematic of bureaucratiz-ation, the most salient feature of the Latin American developmental path is the chronic frailty of legal-constitutional arrangements. In Latin America, the process of modernization and social differentiation has not been followed by the legal stabilization of social complexity but is characterized by a low degree of juridification and institutional precariousness. (...) Drawing on insights from both Luhmann's and Habermas' theories, the article provides a critical theoretical framework for the study of the peculiarities of the Latin American modernizing path. (shrink)