Conpedi Law Review (Dec 2016)
Decision, Organization and Risk: The Positive Law on the Form of Legal Decision
Abstract
This research investigates a possible reconstruction of the meaning of legal decision witch the difference between decision, organization and risk. Therefore, we discuss the notion of Luhmann’s legal decision as a symbol of positive law, establishing a reflection on the relationship between decision, risk and organization. To find this, the methodology used is the observation of the second order of the Niklas Luhmann’s social system. As a result, the relationship between decision, organization and risk allows recognized legal decision as a multi-referential relationship between the past and the future.