Luhmann, All Too Luhmann: Nietzsche, Luhmann and the Human

Cesaratto, Todd

doi:10.1057/9781137015297_6

Cited by 3 publications

(3 citation statements)

References 3 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…They write: ''to criticize is only to establish that a concept vanishes when it is thrust into a new milieu, losing some of its components, or acquiring others that transform it.'' 10 The main objective of critical autopoiesis, therefore, is to throw itself in new theoretical and applied conditions, following its own flow of change. In the process, it might shed itself, see itself vanishing, or replace its autopoietic elements with new ones; yet, it shall manage to remain autopoietic through and through.…”

mentioning

confidence: 99%

Critical Autopoiesis and the Materiality of Law

Philippopoulos‐Mihalopoulos

2013

Int J Semiot Law

View full text Add to dashboard Cite

Autopoietic theory is increasingly seen as a candidate for a radical theory of law, both in relation to its theoretical credentials and its relevance in terms of new and emerging forms of law. An aspect of the theory that has remained less developed, however, is its material side, and more concretely the theory's accommodation of bodies, space, objects and their claim to legal agency. The present article reads Luhmann's theory of autopoietic systems in a radical and material manner, linking it on the one hand to current post-structural theorisations of law and society, and on the other hand extending its ambit to accommodate the influx of material considerations that have been working their way through various other disciplines. The latter comprises both a materialisation of the theory itself and ways of conceptualising the legal system as material through and through. This I do by further developing what I have called Critical Autopoiesis, namely an acentric, topological, post-ecological and posthuman understanding of Luhmann's theory, that draws on Deleuzian thought, feminist theory, geography, non-representational theory, and new material and object-oriented ontologies. These are combined with some well-rehearsed autopoietic concepts, such as distinction, environment and boundaries; Luhmann's earlier work on materiality continuum; more recent work on bodies and space; as well as his work on form and medium in relation to art. The article concludes with five suggestions for an understanding of what critical autopoietic materiality might mean for law.

show abstract

mentioning

confidence: 99%

Critical Autopoiesis and the Materiality of Law

Philippopoulos‐Mihalopoulos

2013

Int J Semiot Law

View full text Add to dashboard Cite

show abstract

“…Through the latter, the body puts in an appearance, albeit infrequent, in Luhmann's writings. The connection between mind and body in Luhmann has been the subject of some debate in the literature (Bankowski, 1994;Borch, 2011;Cesaratto, 2013;Halsall, 2012;Paterson, 1994), and can be summarised as one of reciprocal autopoiesis, where one can irritate the other but not have unmediated access to it. Mind and body remain firmly excluded from society (consider Schütz, 2009, pp.…”

Section: Non-humanism Anti-humanism Dehumanisationmentioning

confidence: 99%

“…Even the hyper-excluded are conceptualised by society through their absence, and are, it seems, thereby abandoned. This immanence is so absolute that it becomes a Nietzschean affirmation (Cesaratto, 2013): not one that accepts society as it is, but one that confronts society with a clarity that armours one to carry on fighting in spite of a pervasive sense of anxiety borne out of the description offered. This is the value of autopoiesis, and this is how society can change.…”

Section: Rightsmentioning

confidence: 99%

Vulnerable bodies, vulnerable systems

Philippopoulos‐Mihalopoulos¹,

Webb²

2015

International Journal of Law in Context

View full text Add to dashboard Cite

In this paper we examine the concept of vulnerability as it relates to the materiality of systems, the exclusion of human physical corporeality, and social exclusion in Luhmann's theory of social autopoiesis. We ask whether a concept of vulnerability can be included in autopoiesis in order to better conceptualise social exclusion and the excluded, with a view to understanding how, if at all, the dangers posed by this exclusion are mitigated by autopoietic processes. We are emphatically not returning to the human subject over operational systems, but seek instead to develop an understanding of the embodied nature of humans and their vulnerability within an autopoietic framework. We argue that the awareness of the risks to social functional differentiation posed by unmanaged exclusion -disenchantment, disassociation and, most drastically, dedifferentiationprovided by our analysis indicates why hyper-exclusion must be mitigated.

show abstract

The Radical Luhmann

Cesaratto

2014

Contemp Polit Theory

Self Cite

View full text Add to dashboard Cite

Luhmann, All Too Luhmann: Nietzsche, Luhmann and the Human

Cited by 3 publications

References 3 publications

Critical Autopoiesis and the Materiality of Law

Critical Autopoiesis and the Materiality of Law

Vulnerable bodies, vulnerable systems

The Radical Luhmann

Contact Info

Product

Resources

About