The Sins of Functional Differentiation: A Comment

In his paper Gonçalo Vasconcelos Vilaça addresses several critiques concerning the systems theory's answer to the legitimacy problem of transnational law. This answer, according to him, could be summarized by the by the label “let's do nothing” (or “let us leave it to the systems themselve...

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Bibliographic Details
Main Author: Brito,Miguel Nogueira de (author)
Format: article
Language:eng
Published: 2015
Subjects:
Online Access:http://scielo.pt/scielo.php?script=sci_arttext&pid=S2183-184X2015000300005
Country:Portugal
Oai:oai:scielo:S2183-184X2015000300005
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Summary:In his paper Gonçalo Vasconcelos Vilaça addresses several critiques concerning the systems theory's answer to the legitimacy problem of transnational law. This answer, according to him, could be summarized by the by the label “let's do nothing” (or “let us leave it to the systems themselves”). The critique I find particularly worth of exploring is the pointing out the social systems theory's allegedly implicit normative claim that functional differentiation and autopoietic systems “ought to be maintained, never short-circuited”. Can we adequately confront global risks and the expansive tendencies of the economic system just by means of such a modest normative claim?