Abstract
Autopoiesis is normally considered to be the systems theory in law. In this paper complexity theory is presented as an alternative systems approach. In order to position complexity theory as a plausible alternative to autopoiesis I discuss the differing understanding of boundary within each theory, and use this as a vehicle to critique autopoiesis. My critique is situated within systems theory thinking but is external to both autopoiesis and complexity theory (although I must oscillate between the two objects of critique). Because both approaches possess an understanding of boundary it provides an effective tool to contrast their differences, while permitting each to be described in its own language. It is argued that complexity theory offers an approach to boundaries as contingent, emergent interfaces, which the autopoietic construction of boundary can learn from in several ways. More generally it is suggested that the complexity approach to boundaries offers lawyers engaging with systems theory a new critical perspective to assess legal constructions.
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Notes
It is important not to conflate Luhmann’s use of the word complexity with that of complexity theory. Complexity theory is a systems theory independent of autopoiesis, which actively distinguishes between complexity and complicatedness. Something is complicated when there are a great many parts that fulfil a particular function when they are connected together in a specific way (for example, a jet airliner or a 10,000 piece puzzle). Conversely, something which is complex, or which displays the characteristic of complexity, possesses a great many parts which interact with one another in a multiplicity of ways. The character of the whole is not derived from the parts’ individual characteristics but from the emergent properties that become apparent only through their interaction. Therefore, although Luhmann has discussed ‘complexity’, and associated notions such as contingency (see Luhmann 1989, pp. 24–31) this was not complexity theory and appears more akin to complicatedness as the ‘progressive accumulating’ of parts (King and Schütz 1994, p. 270).
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Acknowledgments
I am grateful for the comments of Drs Barbara Mauthe and Sara Fovargue of Lancaster University Law School, and the two anonymous reviewers at Law and Critique. The ideas in this paper also benefited from the comments of those who attended the Systems, Complexity and Autopoiesis stream at the Socio-Legal Studies Association Annual Conference in April 2011. Any errors remain my own.
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Webb, T.E. Exploring System Boundaries. Law Critique 24, 131–151 (2013). https://doi.org/10.1007/s10978-013-9118-0
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DOI: https://doi.org/10.1007/s10978-013-9118-0