This paper returns to the question of how to think of justice through Teubner’s recent definition of what he calls juridical justice. Juridical justice is defined as distinct from political, moral, social and theological conceptions of justice. Teubner attempts to think of an imaginary space for a juridical justice ‘beyond the sites of natural and positive law’ and searches for a conception of justice as the ‘law’s self-subversive principle’. This article reviews Teubner’s conception of juridical justice and further proposes a (...) distinction between juridical and non-juridical understandings of justice. (shrink)

The emergence of processes of globalization has gone hand in hand with a theoretical ?crisis? in sociology. According to an increasing number of scholars, ?global society? has transformed the ?social? to such an extent that classical sociological theory and that of the nineteenth century no longer seem adequate for conceptualizing not only the ?new society,? but (human) society as such. The very distinction between human and non-human society has gone lost. In this context, is it still possible to formulate a (...) ?theory of society? and what form should such a theory take? (shrink)

Besides their skepticism about universal reason and universal morality, the Frankfurt Schools of Critical Systems Theory and Critical Theory share basic assumptions: (1) the thinking in societal-systemic, institutional concepts, which transcend simple reciprocal relations by dint of their complexity; (2) the assumption that society is based on fundamental paradoxes, antagonisms, antinomies; (3) the strategy to conceptualize justice as a contingent and transcendental formula; (4) the form of immanent (and not morality-based, external) critique as an attitude of transcendence; (5) the aim (...) of societal (and not only political) emancipation in an ‘association of free individuals’ (Marx). The article focuses on those parallels and aims to conceptualize a critical turn-around of autopoietic systems theory. (shrink)

Globalization processes imply the self-deconstruction of the hierarchy of legal norms. Thus, legal pluralism is no longer only an issue for legal sociology, but becomes a challenge for legal practice itself. Traditionally, rule making by `private regimes' has been subjugated under the hierarchical frame of the national constitution. When this frame breaks, then the new frame of legal institutions can only be heterarchical. The origin of global non-state law as a sequence of recursive legal operations is an `as if', not (...) only a founding myth as a self-observation of law, rather the legal fiction of concrete past operations. This fiction, however, depends on social conditions outside legal institutions, on a historical configuration in which it is sufficiently plausible to assume that in earlier times, too, legal rules were applied. (shrink)

The article focuses on the problem of constitutional symbolism in functionally differentiated societies and its relevance to legal, political, and moral systems. The first part analyses differences between the three systems and their constitutional context. The second part concentrates on the moral symbolic function of modern constitutions and its temporal dimension. It shows that the “good/bad” moral code of constitutions draws on expressive symbolism and transforms it into evaluative symbolism and dogma of morality. The final part analyses the prospective character (...) of modern constitution‐making and its symbolic selectivity regarding the past. The paper concludes by emphasising the systemic pluralisation effect of constitution‐making and the impossibility of constituting systems of “pure” law, morality, and politics. (shrink)

The new practices of human resource management can be seen as an expression of management communication, which has become increasingly pedagogical. This article is based on Luhmann systems theory regarding second-order observation. The article tries to observe how management communications observe the self-observations of employees, and claims that these observations take place within the code of the pedagogic. A number of effects are discussed: how the employee becomes a formator of him/herself as the medium child, how the employee is expected (...) to observe him/herself with a corrective pedagogical gaze, and finally how this installs a kind of a self-screening of the employee. (shrink)